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[2015] ZAFSHC 9
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Bentel Associates International (Pty) Ltd v Loch Logan Waterfront (Pty) Ltd and Another (2482/2009) [2015] ZAFSHC 9 (5 February 2015)
IN
THE HIGH COURT OF SOUTH AFRICA
FREE
STATE
DIVISION,
BLOEMFONTEIN
Case
No: 2482/2009
In
the applications for leave to appeal between:-
BENTEL
ASSOCIATES
INTERNATIONAL
(PTY) LTD
….....................................................
Plaintiff/Applicant/Respondent
and
LOCH
LOGAN
WATERFRONT
(PTY) LTD
…..................................................
1
st
Defendant/Respondent/Applicant
TRUSTEES
OF THE
N
GEORGIOU TRUST
….......................................................
2
nd
Defendant/Respondent/Applicant
CORAM:
KRUGER, J
JUDGEMENT:
APPLICATION FOR
LEAVE TO APPEAL AND CROSS-APPEAL
DELIVERED
ON:
5
FEBRUARY 2015
[1]
In view of the importance of this matter and its substantial nature,
leave to appeal should in my view be granted in respect
of the Appeal
and Cross-Appeal. There are reasonable prospects that another
court can come to different conclusions.
[2]
The plaintiff filed an application under Rule 42. I discussed
the matter with the attorneys for both parties in chambers
on two
occasions, and it was agreed that the Rule 42 notice be withdrawn and
incorporated in the amended application for leave
to cross-appeal.
[3]
ORDER
1.
Leave to appeal to the Supreme Court of Appeal is granted in respect
of the appeal and the amended cross-appeal.
2.
Costs of these applications are in the appeals.
_______________
A.
KRUGER, J
On
behalf of plaintiff: Mr D. Honiball
Instructed by:
Matsepes Inc.
BLOEMFONTEIN
On
behalf of defendants: Mr R. Oosthuizen
Instructed
by:
E.G.
Cooper Majiedt Inc.
BLOEMFONTEIN