South Africa: High Courts - Gauteng

NOT REPORTABLE

IN THE HIGH COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

JOHANNESBURG

CASE NO: 18899/04

DATE:2007-07-17

In the matter between

RUSTENBURG PLATINUM MINES LTD..................................................................... Applicant

and

INDUSTRIAL MAINTENANCE PAINTING SERVICES CC......................................Respondent

JUDGMENT (In the application for leave to appeal)

WILLIS, J: Immediately after I had given judgment in this matter Mr Basslian made application for leave to appeal and submitted that if leave to appeal were to be granted the appropriate forum would be the Supreme Court of Appeal.

It seems clear to me especially from having perused the judgment in the case of CGU Insurance Ltd v Rumdel Construction (Pty) Ltd 2004 (2) SA 622 (SCA) that there are real difficulties in expressing with clarity what is meant by the word "debt" as used in section 15 of the Prescription Act of 1969. It seems obvious to me that there is a reasonable prospect that another Court could come to a different conclusion from my own and accordingly that leave to appeal should be granted.

Mr Theron, although he opposed the application for leave to appeal, agreed that if leave to appeal were to be granted the appropriate forum would be the Supreme Court of Appeal The following order is made:

1. Leave is granted to appeal against the judgment which I gave in the matter of the application for leave to amend of 17 July 2007

2. The is directed to the Supreme Court of Appeal.

3 The costs of the application for leave to appeal are costs in the appeal

ON BEHALF OF THE PLAINTIFF: Adv M Basslian

ATTORNEYS ON BEHALF OF PLAINTIFF: Leppan Beech Inc

ON BEHALF OF DEFENDANT: Adv E L Theron

ATTORNEYS ON BEHALF OF THE DEFENDANT: Alan Levin & Associates