South Africa: Western Cape High Court, Cape Town

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

CASE NO. 3015/2009

DATE: 20 AUGUSTUS 2010

In the matter between:

MUNICIPALITY OF STELLENBOSCH …............................................Applicant

and

SHELF-LINE 104 (PTY) LIMITED …................................................Respondent

JUDGMENT

(Application for leave to appeal)

GOLIATH. J:

This is an application for leave to appeal against the judgment and order which I gave in this matter on 31 May 2010. The case involves the interpretation of certain resolutions adopted by the applicant which impacted on the respondent's obligation to pay Bulk Infra-structure Contribution Levies, known as BICLs.

In my judgment I have dealt with these issues. However, BICLs are a relatively novel issue and I am of the view that another court may come to a different conclusion. I am therefore satisfied that there are reasonable prospects of success on appeal.

The parties agreed that if leave to appeal were to be granted, the appropriate forum to hear the appeal would be the Supreme Court of Appeal. I am in agreement with this view.

In the result the following order is made: The application for leave to appeal is granted, the appeal is directed to the Supreme Court of Appeal, the costs in the application for leave to appeal are to be the costs in the appeal.

GOLIATH, J