South Africa: North Gauteng High Court, Pretoria

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG NORTH DIVISION, PRETORIA

Case No.: 6751/2010

Date: 11 March 2015

Not reportable

Not of interest to other judges

In the matter between:

HERMAN HEUKELMAN.....................................................................................First Applikant

JAN HEUKELMAN............................................................................................Second Applikant

ANNA ELIZABETH PRINSLOO........................................................................Third Applicant

(born Heukelman)

and

FRITS HEUKELMAN N.O. …..........................................................................First Respondent

FRITS HEUKELMAN....................................................................................Second Respondent

JUDGMENT ON APPLICATION FOR LEAVE TO APPEAL

1. After having heard argument on the application for leave to appeal against this Court’s judgment and order dismissing the applicants’ application for a review of the Taxing Master’s taxation and the consequent order granting the applicants their costs of the review, the Court had to take some time to reread the papers and study the parties’ submissions and references to authorities.

2. This process has resulted in a delay which, although foreseen by the Court at the hearing of the application already, is regretted.

3. After having given serious thought to the matter the Court has come to the conclusion that the following order must be made:

1. Leave to appeal against the Court’s judgment dismissing the application for a review of the Taxing Master’s taxation is granted;

2. Leave to appeal against the subsequent order awarding costs of the review is granted;

3. Leave is granted to appeal to the Full Bench of this Division;

4. The costs of the application for leave to appeal will be costs in the appeal.

Signed at Pretoria on this 11^th day of March 2015.

E BERTELSMANN

Judge of the High Court.