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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA}

 

CASE NO: 056717/2022

(1)  REPORTABLE: YES/NO

(2)  OF INTEREST TO OTHER JUDGES: YES/NO

(3)  REVISED:

DATE: 21/6/2024

SIGNATURE

In the matter between:

 

THE ROAD ACCIDENT FUND                                             Applicant/Defendant

 

and

 

DR JOHANNES HEYMANS (PTY) LTD                                Respondent/Plaintiff

 

 

JUDGMENT: LEAVE TO APPEAL

 

 

(The matter was heard in open court but judgment was handed down by uploading the judgment onto the electronic file of the matter on Caselines and by circulation thereof to the representatives of the parties electronically. The date of the judgment for handing down is 21 June 2024 and deemed to be the date of uploading thereof onto Caselines).

 

 

HOLLAND-MUTER J:

 

[1]      I have read the written heads of arguments and the application for leave to appeal as uploaded onto Caselines. I listened to the arguments presented by the representatives of the parties in open court when the application for leave to appeal was heard.

 

[2]      In terms of section 17 of the Superior Courts Act, 10 of 2013, leave to appeal may only be given where a Judge is of the opinion that the appeal would have a reasonable prospect of success, or there is some other compelling reason why the leave should be given.

 

[3]      There are in my view no compelling circumstances why the appeal should be heard; I find no important points of law to warrant a consideration by a higher court.

 

[4]      I am also not persuaded that the appeal would have a reasonable prospect of success.

 

ORDER:

 

1. The application for leave to appeal is dismissed with cost, and all costs pertaining to work done after 1 April 2024 are awarded on scale "B".

 

 

J HOLLAND-MUTER

Judge of the Pretoria High Court.

 

 

Heard on 20 June 2024

 

Judgment handed down on 21June 2024

 

APPEARANCES:

 

Obo Applicant/Defendant:  Adv

 

Obo Respondent/Plaintiff:  Adv

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