South Africa: Western Cape High Court, Cape Town

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

CASE NUMBER: 1499/2004

DATE: 23 SEPTEMBER 2009

In the matter between:

JOHN LOUIS CARTER FOURIE N.O. 1st PLAINTIFF

JOHAN FREDERICK KLOPPER N.O. 2nd PLAINTIFF

JUANITA DAMONS N.O. 3rd PLAINTIFF

KAREN KEEVY N.O. 4th PLAINTIFF

and

JOHN DENIS NEWTON 1st DEFENDANT

WOOLTRU LIMITED 2nd DEFENDANT

JUDGMENT Application for Leave to Appeal

DESAI, J:

I have given this matter much consideration. I am not persuaded by the arguments advanced by Mr Limberis that there are reasonable prospects of another court coming to a different conclusion for the reasons advanced by him. However, I cannot really exclude the possibility of another court coming to a different conclusion with regard to the evidence of the expert accountant to the effect that the company traded whilst under insolvent circumstances and that the 1st defendant associated himself with that conduct. In the result the plaintiffs are granted leave to appeal against the whole of the judgment delivered by me in this matter. Because of the nature of this matter and the extent of the claim, leave is granted to the Supreme Court of Appeal.

DESAI, J