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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