Marotex (Pty) Ltd (In Business Rescue) and Others v ABSA Bank Limited (Leave to Appeal) (31562/2018) [2025] ZAGPPHC 362 (10 April 2025)

10 Reportability
Civil Procedure

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal dismissed — Court finds no reasonable prospects of success — Costs awarded on scale C. After hearing oral argument, the court considered the application for leave to appeal against a prior decision. The judge determined that the appeal lacked reasonable prospects of success. The legal issue was whether the applicants had sufficient grounds to warrant leave to appeal. The court held that the application for leave to appeal was dismissed with costs.

IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)

Case Number: 31562/2018
(1) REPORTABLE: NO.
(2) OF INTEREST TO OTHER JUDGES: NO.
(3) REVISED.
DATE 2025 -04-10
SIGNATURE

In the matter between:
MAROTEX (PTY) LTD (IN BUSINESS RESCUE) First Applicant

THE COMMISSIONER OF THE SOUTH AFRICAN
REVENUE SERVICES Second Applicant

NATALIE SMIT Third Applicant

CITY OF TSHWANE LOCAL AUTHORITY Fourth Applicant

THE BODY CORPORATE OF HARMONY VILLAGE Fifth Applicant

WERNER CAWOOD Sixth Applicant

JC BEER Seventh Applicant

R.R. MAKIWANE Eighth Applicant

MM NDZIBA Ninth Applicant

LN NDZIBA Tenth Applicant

JAN JACOB VAN ZYL DE VILLIERS N.O.
(previous BRP) Eleventh Applicant

THE COMPANIES AND INTELLECTUAL PROPERTY
COMMISSION Twelfth Applicant

DL HARDING Thirteenth Applicant

and

ABSA BANK LIMITED Respondent

This judgment was prepared and authored by the Judge whose name is reflected
and is handed down electronically by circulation to the Parties/their legal
representatives by email and by uploading it to the electronic file of this matter on
CaseLines. The date for handing down is deemed to be 10 April 2025.


JUDGMENT : APPLICATION FOR LEAVE TO APPEAL


POTTERILL J

[1] After hearing oral argument I am satisfied that in terms of Rule 17(1) of the
Superior Courts Act 10 of 2013 leave to appeal is not be given as I am of the opinion
that the appeal would have no reasonable prospects of success.

[2] The application for leave to appeal is dismissed with costs on scale C.

S. POTTERILL
JUDGE OF THE HIGH COURT

CASE NO: 31562/2018

HEARD ON: 9 April 2025

FOR THE 8TH- 10TH APPLICANT S: ADV. M. NDZIBA

INSTRUCTED BY: GM Tjiane Attorneys

FOR THE RESPONDENT: ADV. M.P. VAN DER MERWE SC

INSTRUCTED BY: Tim du Toit & Co Inc.

DATE OF JUDGMENT: 10 April 2025