REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA
 GAUTENG LOCAL DIVISION, JOHANNESBURG
                                                                                               CASE: 20204/2017
(1)	REPORTABLE: YES / NO
(2)	OF INTEREST TO OTHER JUDGES: YES/NO
(3)	REVISED. 
        
 ……………………..		………………………...
        Date			       ML TWALA

In the matter between:

NORMAN & GARY ABKIN DUNSWART
PROPERTIES (PTY) LTD                                           FIRST APPELLANT

MANUEL FERNANDO MARTINS COSTA             SECOND APPELLANT
HOLDINGS (PTY) LIMITED

AND

PAK MAN LAM                                                    FIRST RESPONDENT

CHUNG FUNG METAL INDUSTRIAL
HOLDINGS (PTY) LTD                                           SECOND RESPONDENT

KEE WAH INVESTMENTS (PTY) LTD            THIRD RESPONDENT

CHUNG FUNG (PTY) LTD                                   FOURTH RESPONDENT

NORMAN ABKIN                                                    FIFTH RESPONDENT

GARY ABKIN                                                          SIXTH RESPONDNET

JUDGMENT

TWALA J

[1]	Before this Court, is an application for leave to appeal the whole of the judgment and order given against the appellants on the 14th of December 2017. The reasons for the leave to appeal appear in the application and need not be repeated in this judgment.

[2]     Section 17 of the Superior Courts Act, Act 10 of 2013 provides as follows with regard to leave to appeal:

“1. Leave to appeal may only be given where the judge or judges concerned are of the opinion that-
a)	 (i)  the appeal would have a reasonable prospect of success; or
 (ii) there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration;
    b)……………………………….

[3]	I am satisfied that the relevant issues in this matter have been addressed in my judgment. I am therefore not persuaded that the appeal has a reasonable prospect of success and that another Court may come to a different finding.

[4]	In the circumstances, I make the following order:

a)	The application for leave to appeal is dismissed with costs.

_________________
TWALA J
JUDGE OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION

Date of hearing:	15 February 2018

Date of Judgment:	         22 February 2018
  
For the Appellant:   	          Advocate: LC Leysath
Instructed by:                          MF Martins Costa Attorneys
                                                 Tel: 011 894 3727
For the Respondent:        	 Advocate: J Kaplan
Instructed by:                          Ian Levitt Attorneys
                                                  Tel: 011 784 3310