Standard Bank of South Africa Limited v Master of the High Court Johannesburg and Others (012167/2022) [2024] ZAGPJHC 305 (22 March 2024)

SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

Case No.: 012167/2022

In the matter between:

STANDARD BANK OF SOUTH AFRICA LIMITED APPLICANT

(Registration Number:[…])

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:[…])

GENFLEX (PTY) LTD (in liquidation)

FIFTH RESPONDENT

Registration Number:[…])

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

kerry@jmsinc.com

For the Respondents: Adv. J Herschensohn

Instructed by:

Romanos Attorneys

Tel: 012 460 7660

office@romanos.co.za

[1] See section 17 (1)(a)(i) and (ii) of the Superior Courts Act 10 of 2013.