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

In the matter between:

and

JUDGMENT

(Application for Leave to Appeal)

I have considered the arguments and the application for leave to appeal. Suffice to say that in my judgment another court is unlikely to come to any different conclusion. All the decisions and orders that I made required an element of judgment and discretion to be applied and, while another Judge might approach the matter somewhat differently, I am not persuaded that a court sitting as a court of appeal would conclude that in any respects I have misdirected myself or failed to consider relevant facts or for some other reason would feel constrained to interfere with the discretions which I exercised.

For those reasons, in my judgment the application for leave to appeal must fail and it is dismissed. The cost must follow the event of the application for leave to appeal. The applicant will pay the cost of the application for leave to appeal.