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1998
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[1998] ZAWCHC 3
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Stock Hotels and Resorts Cape (Pty) Ltd v Western Cape Gambling and Racing Board and Another (12016/98) [1998] ZAWCHC 3 (10 December 1998)
IN THE HIGH COURT OF
SOUTH AFRICA (
CAPE OF GOOD HOPE
PROVINCIAL DIVISION)
CASE
NO. 12016/98
In
the matter between:
STOCKS HOTELS &
RESORTS
(CAPE)
(PROPRIETARY) LIMITED
…...............................................................................................
Applicant
and
THE WESTERN CAPE
GAMBLING
AND
RACING BOARD
….....................................................................................................
First
Respondent
TRANSNET
PENSION FUND
…..............................................................................
Second
Respondent
JUDGMENT
FOR LEAVE TO APPEAL GIVEN THIS 10TH DAY OF DECEMBER, 1998
LOUW. J:
This is an application
for leave to appeal against the judgment and order made by me on 26
October, 1998.
I am informed by counsel
for the applicant that the respondent - that is the Western Cape
Gambling and Racing Board and Transnet
Pension Fund -have both been
given notice of this application and that they both abide the
decision in the matter.
The application is
clearly one of importance to the parties especially the applicant and
first respondent. It is a matter which
is of some difficulty and I am
inclined to consider that leave should be given to appeal against the
judgment and order.
The application is for
leave to appeal to a full bench of this division of the high court. I
raised with counsel whether or not
it would not be more advisable to
have this matter determined by the Supreme Court of Appeal but he had
indicated that he considers
it more appropriate to go to the full
bench of this division.
I consequently make the
following order:
Application for Leave to
Appeal against the judgment and order made by me on 26 October, 1998,
in this matter, is granted. Such
leave to appeal is granted to the
full bench of this division and leave is granted to appeal on the
grounds set out in the application
for leave to appeal.