South Africa: Free State High Court, Bloemfontein

IN THE HIGH COURT OF SOUTH AFRICA

FREE STATE DIVISION, BLOEMFONTEIN

Case No: 2482/2009

In the applications for leave to appeal between:-

BENTEL ASSOCIATES

INTERNATIONAL (PTY) LTD ….....................................................Plaintiff/Applicant/Respondent

and

LOCH LOGAN

WATERFRONT (PTY) LTD …..................................................1^st Defendant/Respondent/Applicant

TRUSTEES OF THE

N GEORGIOU TRUST ….......................................................2^nd Defendant/Respondent/Applicant

CORAM: KRUGER, J

JUDGEMENT: APPLICATION FOR LEAVE TO APPEAL AND CROSS-APPEAL

DELIVERED ON: 5 FEBRUARY 2015

[1] In view of the importance of this matter and its substantial nature, leave to appeal should in my view be granted in respect of the Appeal and Cross-Appeal.  There are reasonable prospects that another court can come to different conclusions.

[2] The plaintiff filed an application under Rule 42.  I discussed the matter with the attorneys for both parties in chambers on two occasions, and it was agreed that the Rule 42 notice be withdrawn and incorporated in the amended application for leave to cross-appeal.

[3] ORDER

1. Leave to appeal to the Supreme Court of Appeal is granted in respect of the appeal and the amended cross-appeal.

2. Costs of these applications are in the appeals.

_______________

A. KRUGER, J

On behalf of plaintiff: Mr D. Honiball

Instructed by:

Matsepes Inc.

BLOEMFONTEIN

On behalf of defendants: Mr R. Oosthuizen

Instructed by:

E.G. Cooper Majiedt Inc.

BLOEMFONTEIN