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2024
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[2024] ZAGPPHC 636
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Road Accident Fund v Dr Johannes Heymans (Pty) Ltd (Leave to Appeal) (056717/2022) [2024] ZAGPPHC 636 (21 June 2024)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA}
CASE
NO: 056717/2022
(1)
REPORTABLE: YES/NO
(2)
OF INTEREST TO OTHER JUDGES: YES/NO
(3)
REVISED:
DATE:
21/6/2024
SIGNATURE
In
the matter between:
THE
ROAD ACCIDENT FUND
Applicant/Defendant
and
DR
JOHANNES HEYMANS (PTY) LTD
Respondent/Plaintiff
JUDGMENT:
LEAVE TO APPEAL
(The
matter was heard in open court but judgment was handed down by
uploading the judgment onto the electronic file of the matter
on
Caselines and by circulation thereof to the representatives of the
parties electronically. The date of the judgment for handing
down is
21 June 2024 and deemed to be the date of uploading thereof onto
Caselines).
HOLLAND-MUTER
J:
[1]
I have read the written heads of arguments and the application for
leave to appeal as uploaded
onto Caselines. I listened to the
arguments presented by the representatives of the parties in open
court when the application
for leave to appeal was heard.
[2]
In terms of
section 17
of the
Superior Courts Act, 10 of 2013
, leave
to appeal may only be given where a Judge is of the opinion that the
appeal would have a reasonable prospect of success,
or there is some
other compelling reason why the leave should be given.
[3]
There are in my view no compelling circumstances why the appeal
should be heard; I find no important
points of law to warrant a
consideration by a higher court.
[4]
I am also not persuaded that the appeal would have a reasonable
prospect of success.
ORDER:
1.
The application for leave to appeal is dismissed with cost, and all
costs pertaining to work done after 1 April 2024 are awarded
on scale
"B".
J
HOLLAND-MUTER
Judge
of the Pretoria High Court.
Heard
on 20 June 2024
Judgment
handed down on 21June 2024
APPEARANCES:
Obo
Applicant/Defendant: Adv
Obo
Respondent/Plaintiff: Adv