Republic of South Africa

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

Case Number: 13813/07

In the matter of:

VUSELA CONSTRUCTION (PTY) LTD 			First  Applicant
and
LEONARD THEODOR VOLKER 				First Respondent

THE PREMIER OF THE WESTERN CAPE  		Second Respondent
JOHANNES H LOUW   					Third Respondent
THE ROAD ACCIDENT FUND 				Fourth Respondent

PREMIER OF THE WESTERN CAPE  			Second Applicant
and
LEONARD THEODOR VOLKER  				First Respondent
VUSELA CONSTRUCTION (PTY) LTD   			Second Respondent
JOHANNES H LOUW  					Third Respondent
THE ROAD ACCIDENT FUND 				Fourth Respondent

In re:
LEONARD THEODOR VOLKER    				Plaintiff 
And

VUSELA CONSTRUCTION (PTY) LTD 	Second Respondent
JOHANNES H LOUW	Third Defendant
THE ROAD ACCIDENT FUND	Fourth Respondent

Order

MIA (AJ)

Having regard to all the above the following orders are made:
1. The first applicant is granted leave in terms of Uniform Rule 13 (3)(b) to serve the third party notice on the fourth respondent.
2. The first applicant is granted leave in terms of Section 2 (4)(b) of the Apportionment of Damages Act, 1956 (Act No 34 of 1956) to deliver the notice in terms of section 2 (2) of the Apportionment of the Damages Act.
3. The second applicant is granted leave in terms of Uniform Rule 13 (3)(b) to serve the third party notice on the fourth respondent.
4. The second applicant is granted leave in terms of Section 2 (4)(b) of the Apportionment of Damages Act. 1956 (Act No 34 of 1956) to deliver the notice in terms of section 2 (2) of the Apportionment of the Damages Act.
5. The applicants shall pay the cost of this application and the first respondents wasted costs in the main action jointly and severally.

MIA AJ

29 July 2011