South Africa: Western Cape High Court, Cape Town

IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN)

On Tuesday, 19 April 2011 at Cape Town Before the Honourable Ms. Justice Baartman

Case No.: 4610/2011

In the matter between:

INDWE AVIATION (PTY) LTD …....................................................................Applicant

and

PETROLEUM OIL AND GAS CORPORATION OF

SOUTH AFRICA (PTY) LTD (trading as "Petro SA") …........................First Respondent

THE MINISTER OF DEFENCE …......................................................Second Respondent

JUDGMENT

BAARTMAN, J

I have considered the application and am of the view that there is a reasonable prospect that another court might come to a different finding. Therefore I make the following order:

[1] The Appellant is granted leave to appeal to the Supreme Court of Appeal against the whole judgment, dated 4 February 2010, in the matter of Indwe Aviation (Pty) Limited vs Petroleum Oil and Gas Corporation of South Africa.

[2] Costs to be costs in the appeal.

BAARTMAN, J