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[2002] ZASCA 50
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Langdale House (Pty) Ltd v Standard Bank of South Africa Ltd (95/2001) [2002] ZASCA 50 (23 May 2002)
NOT REPORTABLE
CASE
NO: 95/2001
IN
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA
In
the matter between:
LANGDALE
HOUSE (PTY) LTD APPLICANT
and
THE
STANDARD BANK OF SOUTH AFRICA LTD RESPONDENT
CORAM: SMALBERGER
ADP, SCHUTZ, ZULMAN, BRAND JJA and HEHER AJA
DATE
OF HEARING: 10 MAY 2002
DELIVERY
DATE: 23 MAY 2002
_____________________________________________________________________
JUDGMENT
___________________________________________________________________
SMALBERGER
ADP
SMALBERGER ADP:
I have had the
benefit of reading and considering the judgment of Schutz JA. I am
not convinced that the non-compliances that occurred,
serious and
unexplained (in some respects) as they may be, are so flagrant as to
justify the refusal of condonation on that ground
alone. It is
therefore necessary, in my view, to have regard to the prospects of
success. I agree with Schutz JA, for the reasons
given by him, that
the applicant has no reasonable prospects of success on the merits.
I accordingly concur in the order made.
_____________________________
J
W SMALBERGER
ACTING
DEPUTY PRESIDENT
BRAND JA -
Concurs