South Africa: Western Cape High Court, Cape Town

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[2011] ZAWCHC 349
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Melomed Hospital Holdings Ltd v Dr. Adrian Burger Incorporated (20217/2010) [2011] ZAWCHC 349 (30 May 2011)
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IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NO: 20217/2010
DATE: 30 MAY 2011
In the matter between:
MELOMED HOSPITAL HOLDINGS LTD ….............................................Applicant
and
DR ADRIAN BURGER INCORPORATED …........................................Respondent
JUDGMENT
(Application for leave to appeal)
ALLIE. J:
In this matter I am persuaded that there is a reasonable possibility that another Court may come to a different conclusion in respect of whether the applicant is in fact a creditor or not and therefore in respect of whether it has locus standi and accordingly whether it is just and equitable to wind up the respondent in those circumstances. I am granting leave to appeal to the full bench of this division and the issue of costs will in fact be cost in the appeal.
ALLIE, J