IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
Case No.: 012167/2022
REPORTABLE: NO OF INTEREST TO OTHER JUDGES: NO 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
For the Respondents: Adv. J Herschensohn
Instructed by: Romanos Attorneys
Tel: 012 460 7660
office@romanos.co.za