REPUBLIC OF SOUTH AFRICA
          
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG

							          CASE NO:   18003/2014

(1)	REPORTABLE: YES / NO
(2)	OF INTEREST TO OTHER JUDGES: YES/NO
(3)	REVISED. 

         ……………………..		………………………...
                   DATE			        SIGNATURE

In the matter between:

Capital Propfund 2 (Pty) Ltd 					Applicant
and
Caterco CC (In Liquidation)  		   	   		First  Respondent
Johannes Hendricus Du Plessis N.O.              			Second Respondent 
Tsakani Gladness Hlungwani N.O.                      		Third Respondent 

               J U D G M E N T ON APPLICATION FOR LEAVE TO APPEAL

CARELSE J:	
[1]	This is an application for leave to appeal against my judgment and order which I delivered on 07 September 2018.
 
[2]	The grounds of appeal are twofold:
	2.1	The issue of locus standi of the applicant (in the main application); and
2.2	The interpretation of s37(1) read in s37(2) of the Insolvency Act No.24 of 1936 	
Both these issues were fully dealt with in my Judgment. Having considered the submission from both counsels, I am of the view that there are reasonable prospects of success on appeal.

[3]	In the result I make the following order:
1.	Leave to Appeal to the Full Court of the Gauteng Local Division is granted as set out in paragraph 2.   
2.	Costs are costs in the Appeal.  

				_________________

Z CARELSE 
Judge of the High Court: Gauteng Local Division

Counsel for the Applicant:         Adv R S Sheptone 
Instructed by:	Kokinis Incorporated 
			
Counsel for Defendant:		Adv J A Swanepoel
Instructed by:			  		

Date of hearing: 			24 April 2019
Date of judgment:			30 April 2019