South Africa: North Gauteng High Court, Pretoria

IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

CASE: 20254/2012

DATE: 3 NOVEMBER 2014

In the matter between:

HERMINA ELIZABETH JANSEN VAN VUUREN...............................................................APPLICANT

and

AUDREY SULLIVAN.............................................................................................................RESPONDENT

JUDGEMENT

(APPLICATION FOR LEAVE TO APPEAL)

TLHAPI J

[1] This is an application for leave to appeal against the whole of my judgment of 13 June 2014. I shall not restate the grounds of appeal.

[2] It was trite that an application for leave to appeal should succeed if there was a reasonable prospect on the facts or on both fact and law that another court may arrive at a different conclusion. In this application I am therefore called upon to objectively consider the facts upon which my decision was based. This entails another exercise to objectively revisit the facts as a whole and to consider them in the light of the grounds of appeal. Having considered the submissions and argument of counsel for the applicant and respondent I am not persuaded that there are reasonable prospects of another court coming to a different conclusion. The application must therefore fail.

[3] The following order is given:

The application for leave to appeal is dismissed with costs.

TLHAPI V V

(JUDGE OF THE HIGH COURT)

ATTORNEYS FOR THE APPLICANT: VAN HEERDEN & KRUGEL ATTORNYES

ATTORNEYS FOR THE DEFENDANT: STEVE BESTER ATTORNEYS