Standard Bank Nominees (Transvaal) (Pty) Ltd and Others v Investec Bank Limited and Another (19269/2011) [2022] ZAGPPHC 28 (2 February 2022)

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

(1) REPORTABLE: NO

(2) OF INTEREST TO OTHERS JUDGES: NO

(3) REVISED

Case No: 19269/2011

In the matter between:

STANDARD BANK NOMINEES (TRANSVAAL) (PTY) LTD 1st APPLICANT

SHAP ARON NOMINEES (PTY) LTD 2nd APPLICANT

BNS NOMINEES (PTY) LTD 3rd APPLICANT

WILLIAM JAMES SEBASTIAN BAILEY 4th APPLICANT

LISA DUTHIE 5th APPLICANT

TRUSTEES OF THE GARCIA REVOCABLE FAMILY TRUST 6th APPLICANT

MARTINE MIGNON GUISE 7th APPLICANT

TANIA HAMILTON 8th APPLICANT

TRUSTEES OF THE JAPONICA TRUST 9th APPLICANT

MARY JANE HOPE ROBERTSON 10th APPLICANT

DAVID JOHN SMYTH 11th APPLICANT

PATRICK CHARLES SMYTH 12th APPLICANT

ANGLORAND SECURITIES LIMITED

13th APPLICANT

ELJAY INVESTMENTS INC 14th APPLICANT

HENTIQ 1843 (PTY) LTD 15th APPLICANT

DEBORAH JANE PALMER 16th APPLICANT

RAVEN CREST PROPERTY HOLDINGS (PTY) LTD 17th APPLICANT

GERARD JOHN CHAPPEL 18th APPLICANT

HELOISE LEONA MENNE 19th APPLICANT

ROGER PETER MUNDEL 20th APPLICANT

MATTHEW LEE STEADMAN 21st APPLICANT

ALLAN ERIC THOMPSON 22nd APPLICANT

NICHOLAS ZEHNDER

23rd APPLICANT

STEPHEN RICHARD BUCKLE 24th APPLICANT

GARY DAVID CAHN t/a POPS INVESTMENTS 25th APPLICANT

ELIZABETH CATHERINA CHANDLER 26th APPLICANT

MURRAY FRANCIS CHANDLER 27th APPLICANT

MOHAMED SHIRAZ GANI 28th APPLICANT

THE TRUSTEES FOR THE TIME BEING 29th APPLICANT

OF THE GARY CAHN FAMILY TRUST

DOUGLAS GILFILLAN 30th APPLICANT

MAFUMISA INVESTMENT CLUB 31st APPLICANT

THE EXECUTOR ESTATE LATE 32nd APPLICANT

ADOLF MARCEL VAN DER STRIECKT

IVO CARLO ZAMBETTI 33rd APPLICANT

and

INVESTEC BANK LIMITED 1st RESPONDENT

RANDGOLD & EXPLORATION COMPANY LIMITED 2nd RESPONDENT

JUDGMENT

(APPLICATION FOR LEAVE TO APPEAL)

BASSON, J

[1] After duly considering the comprehensive submissions filed on behalf of the parties in the application for leave to appeal, I am of the view that applicants have reasonable prospects of success on appeal.

[2] In light of the above, the following order is granted:

i) Leave to appeal to the Supreme Court of Appeal is granted;

ii) The costs of this application will be costs in the appeal.

JUDGE A C BASSON

JUDGE OF THE HIGH COURT

Delivered: This judgment was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the Parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines. The date for hand-down is deemed to be 2 February 2022.

Case number : 19269/2011

Matter heard on : Decided on the papers

Appearances

For the Applicant : Adv C Loxton SC

Adv P Farlam SC

Adv A Price

Instructed by : Korbers Attorneys

For the 1st Respondent : Adv J Blou SC

Instructed by : Werksmans Attorneys

Date of the judgment : 2 February 2022