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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

 GAUTENG LOCAL DIVISION, JOHANNESBURG

DATE: 22/02/18

CASE: 20204/2017

REPORTABLE: YES / NO

OF INTEREST TO OTHER JUDGES: YES / NO

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 14^th 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.

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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

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