South Africa: North Gauteng High Court, Pretoria

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