South Africa: Western Cape High Court, Cape Town

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

CASE NUMBER: 8400/2006

DATE: 1 DECEMBER 2010

In the matter between:

RODNEY WILMOT PAGE …..............................................Applicant (Plaintiff)

and

PARK 2000 DEVELOPMENT (PTY) LTD ….............Respondent (Defendant)

JUDGMENT

(Application for leave to appeal)

SMIT. AJ:

In this matter I gave judgment in favour of plaintiff. Defendant has brought an application for leave to appeal and I have been persuaded that there is a reasonable prospect of success on appeal.

Mr Scholtz contended that leave to appeal should be granted to the Supreme Court of Appeal and he has persuaded me that, in view of the apparent conflict which exists at provincial level regarding the interpretation of contractual suspensive conditions, leave should be granted to appeal to the Supreme Court of Appeal