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Huntrex 302 (Pty) Ltd and Others v Investec Bank Ltd and Others (D3036/2021) [2021] ZAKZDHC 37 (17 August 2021)

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IN THE HIGH COURT OF SOUTH AFRICA

KWAZULU-NATAL LOCAL DIVISION, DURBAN

CASE NO: D3036/2021

In the matter between:

HUNTREX 302 (PTY) LTD                                                                      First Applicant

PERSONIFY INVESTMENTS (PTY)                                                 Second Applicant

MISTY BLUE INVESTMENTS (PTY) LTD                                             Third Applicant

and

INVESTEC BANK LTD                                                                       First Respondent

THE SHERIFF OF THE HIGH COURT,                                        Second Respondent

INANDA AREA 2

THE SHERIFF OF THE HIGH COURT                                             Third Respondent

DURBAN COASTAL

IAN WYLES AUCTIONEERS                                                         Fourth Respondent

 

JUDGMENT

Delivered on: 17 August 2021

Ploos van Amstel J

The application for leave to appeal is dismissed with costs, including those occasioned by the employment of senior counsel, on the grounds that I am not of the opinion that the appeal would have a reasonable prospect of success, nor is there any compelling reason why the appeal should be heard.

Ploos van Amstel J

Appearances:

For the Applicant

Instructed by:                T Giyapersad Incorporated

                                           Durban

For the Respondent

Instructed by:                Johnston and Partners

                                            Durban

 

By agreement between the parties this matter was dealt with on the papers, without oral argument. The order was delivered by electronic transmission to the parties’ attorneys on the 17 August 2021, and by placing it in the court file.

 

Date of Judgment for application for leave to appeal:    17 August 2021