IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA	

	DATE: 27 JULY 2016
CASE NO: 28811/2016

In the matter between:

BDM STAFFING (PTY) LIMITED	Plaintiff

and

M A AUTOMOTIVE TOOL & DIE (PTY) LIMITED	Defendant

JUDGEMENT

MBONGWE, AJ
-
[1] 	 I have read the papers filed of record, heard and considered the various issues raised in arguments for and against the application for summary judgement. I am of the view that such issues, particularly those relating but not limited to the alleged impossibility of performance, require a proper ventilation in a trial.

[2)  For the said reason I find that the application for summary judgement must fail.

[3]  In the result the following order is made:

1.	The application for summary judgment is dismissed.

2.	The costs of the application are reserved.

M MBONGWE, AJ
ACTING JUDGE OF THE HIGH COURT, PRETORIA

Date of hearing	12 July 2016

Date of judgement APPEARANCES
On behalf of the Plaintiff Instructed by

For the Defendant

Instructed by

27 July 2016

Adv. H C Bothma

Hittingh & Ndzabandzaba Attorneys, Pretoria
Adv. M Sibanda with  him, J Braum
Webber Wetzel Attorneys Johannesburg.