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Kirsten NO and Others v ABSA Bank Ltd (13911/2010) [2010] ZAWCHC 543 (11 November 2010)

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

CASE NUMBER: 13911/2010

DATE: 11 NOVEMBER 2010

In the matter between:

MARIA MARGARETHA KIRSTEN NO.

(J F Kirsten Trust IT139/82) …....................................................1st Applicant

SPRINGFEVER INVESTMENTS 21 (PTY) LTD …......................2nd Applicant

JOHAN FREDERICK KIRSTEN …...............................................3rd Applicant

and

ABSA BANK LIMITED …..............................................................Respondent



JUDGMENT

(Application for leave to appeal)




GAMBLE. J:



This is an application for leave appeal against the summary judgment which was granted in favour of the Plaintiff Bank at the end of September this year. The application is for leave to appeal to the full bench of this division.



The arguments which were advanced before me this morning are in essence similar to the arguments which were advanced at the hearing. I am not convinced that there are reasonable prospects of success for the defendants on appeal. I believe that the judgment adequately addresses the issues raised by Mr Van Riet. In the circumstances, the APPLICATION FOR LEAVE TO APPEAL IS REFUSED WITH COSTS. Because the suretyship makes provision for a cost order to be on the scale as between attorney and own client, the cost in the application for leave to appeal will be on the scale as between attorney and own client.



GAMBLE, J