South Africa: Western Cape High Court, Cape Town

IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NUMBER: 15818/2009

DATE: 3 JUNE 2010

In the matter between:

SAMUEL HENRI PELLISSIER ….......................................................Applicant
and

EULOGY PELLISSIER ….........................................................1^st Respondent

DIE BALJU. STELLENBOSCH …...........................................2^nd Respondent

JUDGMENT

Application for Leave to Appeal

ALLIE. J:

In this matter I am of the view that in the light of the Court's finding about whether the first respondent was entitled to claim payment of school fees for which she was not liable to the schools and for which the Court found the applicant had assumed liability, and in the light of the decision of Fish Hoek Primary School v GW. a Supreme Court of Appeal decision that came out subsequent to the delivering of this judgment, there is a reasonable prospect that another court may come to a different conclusion, and so I am granting leave to appeal to the Full Bench of this division. The costs of this application will be costs in the appeal.

ALLIE, J