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

In the matter between:

and

JUDGMENT 
(Application for leave to appeal)

[2] In regard to mootness he pointed out correctly, in my view, that if an appeal in this matter were to be heard early in 2012, when the next round of Full Bench appeals is due to be heard, it was unlikely that the dispute referred to arbitration will have been finally determined by then. In such circumstances an appeal would not be moot.

[5] Both parties accepted that the effect of my judgment was that no finding had been made, one way or the other, on the right in issue in die arbitration.

[7] In the circumstances I am of the view that the order is not appealable and that the application for leave to appeal must consequently fail. As to costs, I consider that the application for leave to appeal did not merit the engagement of two counsel on the part of the applicant.

[8]    Accordingly, I make the following order:
THE APPLICATION FOR LEAVE TO APPEAL IS DISMISSED WITH COSTS.

GAMBLE J