Standard Bank of South Africa Ltd v Master of High Court Johannesburg and Others (012167/2022) [2024] ZAGPJHC 1606 (22 March 2024)




IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG



Case No.: 012167/2022

Shape1

  1. REPORTABLE: NO

  2. OF INTEREST TO OTHER JUDGES: NO

  3. REVISED.


22/03/2024

………………….. ………………………...

Date ML TWALA



MAG.





In the matter between:



STANDARD BANK OF SOUTH AFRICA LIMITED APPLICANT

(Registration Number: 1962/000738/06)


And



THE MASTER OF THE HIGH COURT FIRST RESPONDENT

JOHANNESBURG


M.J.D. BREYTENBACH N.O. SECOND RESPONDENT


K.C. MONYELA N.O. THIRD RESPONDENT


R.F. LUTCHMAN N.O. FOURTH RESPONDENT

(Second to Third respondents cited in their capacity as joint liquidators of Genflex (Pty)

Ltd (in liquidation) Registration Number:

2002/019555/07)


GENFLEX (PTY) LTD (in liquidation) FIFTH RESPONDENT

Registration Number: 2002/19555/07)


SOUTH AFRICAN MERCANTILE

CORPORATION (PTY) LTD SIXTH RESPONDENT


ALEXANDER FRASER & SON SA

(PTY) LTD SEVENTH RESPONDENT


ALEXANDER FRASER & SON LTD

LONDON EIGHTH RESPONDENT


PEECON PROPERTIES NINTH RESPONDENT


SOUTH AFRICAN SECURITISATION TENTH RESPONDENT


ZR PERTOLEUM MARKETING

(PTY) LTD ELEVENTH RESPONDENT


REDTREE CAPITAL (PTY) LTD TWELFTH RESPONDENT


MIA GAS SUPPLIES (PTY) LTD THIRTEENTH RESPONDENT


AP MERRIC T/A ENTERPRISE 2000 FOURTEENTH RESPONDENT


INTER AFRICA ENGINEERING

(PTY) LTD FIFTEENTH RESPONDENT


TEAM PLATING WORKS (PTY) LTD SIXTEENTH RESPONDENT


SOUTH AFRICAN REVENUE

SERVICE SEVENTEENTH RESPONDENT



RAS H.E. EIGHTEENTH RESPONDENT


HODGKISS R.V. NINTEENTH RESPONDENT


ARMITAGE C. TWENTIETH RESPONDENT


BADENHORST J.J. TWENTY-FIRST RESPONDENT


STEWART-ROSS-FITZALAN C.A. TWENTY-SECOND RESPONDENT


MBATHA Z.C. TWENTY-THIRD RESPONDENT


BONNIN C.N. TWENTY-FOURTH RESPONDENT


ALBRECHT J.S. TWENTY-FIFTH RESPONDENT


SWANEPOEL S.D.J. TWENTY-SIXTH RESPONDENT


ABSA BANK LIMITED TWENTY-SEVENTH RESPONDENT


THOMAS D. TWENTY-EIGHTH RESPONDENT


DELPORT S.J. TWENTY-NINTH RESPONDENT


SZALEK R. THIRTIETH RESPONDENT


HOLTZHAUSEN E.N. THIRTY-FIRST RESPONDENT




JUDGMENT




TWALA J



[1] This is an application for leave to appeal the judgment and order of this Court handed down on the 1st of September 2023, which granted the applicant the relief it sought in terms of the notice of motion.


[2] For the sake of convenience, in this judgment I will refer to the parties as they were referred to in the main judgment. As was the case in the main application, it is the fifth, sixth and seventh respondents who brought this application for leave to appeal.


[3] It is a trite principle of our law that leave to appeal may only be given where the Judge or Judges concerned are of the opinion that the appeal would have a reasonable prospect of success or where there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration. 1


[4] The grounds for the leave to appeal are succinctly stated in the notice of application for leave to appeal and I do not intend to restate them in this judgment. Furthermore, I would like to extend my gratitude and appreciation to both counsel for the submissions made at the hearing of this application.


[5] I am of the view that I have considered all the issues raised in this application for leave to appeal in my judgment. I am therefore not persuaded that another Court may come to a different conclusion in this case. Put in another way, I am of the considered view that there are no reasonable prospects of success in this appeal. Therefore, the application for leave to appeal falls to be dismissed.


[6] In the circumstances, I make the following order:


The application for leave to appeal is dismissed with costs.



__________________

TWALA M L

JUDGE OF THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION





Date of Hearing: 18th of March 2024



Date of Judgment: 22nd of March 2024



Appearances


For the Applicant: Advocate L Hollander

Instructed by: Jason Michael Smith Attorneys

Tel: 011 447 8188

kerry@jmsinc.com



For the Respondents: Adv. J Herschensohn


Instructed by: Romanos Attorneys

Tel: 012 460 7660

office@romanos.co.za














1 See section 17 (1)(a)(i) and (ii) of the Superior Courts Act 10 of 2013.



▲ To the top

Cited documents 1

Legislation 1
  1. Superior Courts Act, 2013

Documents citing this one 0