Stock Hotels and Resorts Cape (Pty) Ltd v Western Cape Gambling and Racing Board and Another (12016/98) [1998] ZAWCHC 3 (10 December 1998)
The court finds that the application for leave to appeal is of importance to the parties and presents sufficient difficulty to justify granting leave. The applicant's preference for the appeal to be heard by the full bench of the division is accepted, and the respondents do not oppose the application. Accordingly,...
Source-derived case information.
- Citation
- [1998] ZAWCHC 3
- Parties
- Applicant: Stocks Hotels & Resorts (Cape) (Proprietary) Limited; Respondent: Western Cape Gambling and Racing Board; Respondent: Transnet Pension Fund
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Case Number
- 12016/98
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment and Order
- Outcome
- Leave to appeal against the judgment and order made on 26 October 1998 is granted to the full bench of this division.
- Judges
- Louw
- Legal Topics
- Leave to Appeal, Appeal Procedure, Jurisdiction of Full Bench
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stocks Hotels & Resorts (Cape) (Proprietary) Limited
Applicant
Western Cape Gambling and Racing Board
Respondent
Transnet Pension Fund
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order
Legal Issues
- 1 Whether leave to appeal should be granted against the judgment and order made on 26 October 1998.
- 2 Whether the appeal should be directed to the full bench of the division or the Supreme Court of Appeal.
Ratio Decidendi
The court finds that the application for leave to appeal is of importance to the parties and presents sufficient difficulty to justify granting leave. The applicant's preference for the appeal to be heard by the full bench of the division is accepted, and the respondents do not oppose the application. Accordingly, leave to appeal is granted to the full bench of the division on the grounds set out in the application for leave to appeal.
Court Disposition
Leave to appeal against the judgment and order made on 26 October 1998 is granted to the full bench of this division.
Orders
- Leave to appeal against the judgment and order made on 26 October 1998 is granted.
- Leave to appeal is granted to the full bench of this division.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA (
CAPE OF GOOD HOPE PROVINCIAL DIVISION)
CASE NO. 12016/98
In the matter between:
STOCKS HOTELS & RESORTS
(CAPE) (PROPRIETARY) LIMITED …...............................................................................................Applicant
and
THE WESTERN CAPE GAMBLING
AND RACING BOARD ….....................................................................................................First Respondent
TRANSNET PENSION FUND …..............................................................................Second Respondent
JUDGMENT FOR LEAVE TO APPEAL GIVEN THIS 10TH DAY OF DECEMBER, 1998
LOUW. J: This is an application for leave to appeal against the judgment and order made by me on 26 October, 1998.
I am informed by counsel for the applicant that the respondent - that is the Western Cape Gambling and Racing Board and Transnet Pension Fund -have both been given notice of this application and that they both abide the decision in the matter.
The application is clearly one of importance to the parties especially the applicant and first respondent. It is a matter which is of some difficulty and I am inclined to consider that leave should be given to appeal against the judgment and order.
The application is for leave to appeal to a full bench of this division of the high court. I raised with counsel whether or not it would not be more advisable to have this matter determined by the Supreme Court of Appeal but he had indicated that he considers it more appropriate to go to the full bench of this division.
I consequently make the following order:
Application for Leave to Appeal against the judgment and order made by me on 26 October, 1998, in this matter, is granted. Such leave to appeal is granted to the full bench of this division and leave is granted to appeal on the grounds set out in the application for leave to appeal.