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2024
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[2024] ZAGPPHC 973
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Biccard N.O and Others v Ndwandwe and Others (2023-033422) [2024] ZAGPPHC 973 (30 September 2024)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE NO.: 2023-033422
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED: NO
Date:30
September 2024
E
van der Schyff
In
the matter between:
BIANCA
TIANA BICCARD
N.O.
FIRST APPLICANT
ATHOLL
DAVID VICTOR LIEBMAN N.O.
SECOND APPLICANT
JAQUELINE
JUNE LIEBMAN GENTILE N.O.
THIRD APPLICANT
and
JOHANNES
OUPA NDWANDWE
FIRST RESPONDENT
THEMBA
HENDRY MKHBELA
SECOND RESPONDENT
BRADLEY
BRETT LIEBMAN N.O.
THIRD RESPONDENT
ANDREA
LIEBMAN N.O.
FOURTH RESPONDENT
JONATHAN
HUGH STEPHENS
FIFTH RESPONDENT
ANGELENE
POOLE N.O.
SIXTH RESPONDENT
JANETTA
EVELYN CARR N.O.
SEVENTH RESPONDENT
PUMEZO
DAVID N.O.
EIGHTH RESPONDENT
MURRAY
JAMES BARNETSON N.O.
NINTH RESPONDENT
KANABO
GUGULETHU SKHOSANA N.O.
TENTH RESPONDENT
THE
MASTER OF THE HIGH COURT,
PRETORIA
ELEVENTH RESPONDENT
THE
COMPANIES AND INTELLECTUAL
PROPERTY
COMMISSION
TWELFTH RESPONDENT
CHRISTIANA
BICCARD
THIRTEENTH RESPONDENT
JUDGMENT
Van
der Schyff J
[1]
I handed down a written
judgment in this matter on 19 August 2024. The applicants filed an
application for leave to appeal, which
was heard on 16 September
2024.
[2]
The applicants raised
numerous grounds of appeal. They supplemented their grounds by filing
a notice expressing that I was biased
against them.
[3]
After considering the
papers filed in the application, the judgment, and the grounds of
appeal, I am of the opinion that the appeal
does not have a
reasonable prospect of success. The written judgment contains the
reasons for the order handed down on 19 August
2024, and I need not
elaborate on this.
[4]
The application for
leave to appeal stands to be dismissed.
ORDER
In
the result, the following order is granted:
1.
The application for leave to appeal is
dismissed with costs, costs of counsel on scale B.
E
van der Schyff
Judge
of the High Court
Delivered:
This judgment is handed down electronically by uploading it to the
electronic file of this matter on CaseLines.
As a courtesy gesture,
it will be emailed to the parties/their legal representatives.
For
the applicants:
J.L.
Kaplan
With:
E.
Dreyer
Instructed
by:
Aaron
Stanger & Associates
For
the first and second respondents:
E.R.
Venter
Instructed
by:
JHS
Attorneys
Date
of the hearing:
16
September 2024
Date
of judgment:
30
September 2024