CASE NUMBER:______
SUPREME COURT OF APPEAL CASE NO: 152/04 In the matter between:
PHUMELELA GAMING AND LEISURE LIMITED Applicant
and
GRUNDLINGH, ANDRÉ First Respondent
SCHULER, ULRICH OSMUND Second Respondent
MINISTER OF TRADE AND INDUSTRY Third Respondent
THE NATIONAL GAMBLING BOARD OF SOUTH AFRICA Fourth Respondent
THE GAUTENG GAMBLING BOARD Fifth Respondent
MEC, FINANCE AND ECONOMIC AFFAIRS, GAUTENG Sixth Respondent
NOTICE OF MOTION
BE PLEASED TO TAKE NOTICE THAT the Applicant hereby makes application for an order in the following terms:
1. Granting the Applicant leave to appeal to the above Honourable Court in terms of Rule 19 against the judgment of the Supreme Court of Appeal handed down on 1 June 2005 in the matter of GRUNDLINGH, SCHULER AND TURFSPORT CC v PHUMELELA GAMING AND LEISURE LIMITED under case number 152/04 and, in so far as it may be necessary, direct access to the above Honourable Court in terms of Rule 18; and
2. The costs of the application are costs in the appeal; and
3. Further and/or alternative relief.
BE PLEASED TO TAKE NOTICE THAT the affidavit of ANTHONY FITZGERALD WINTOUR will be used in support of the application.
BE PLEASED TO TAKE NOTICE, FURTHER, THAT the Applicant has appointed the address of its attorneys of record as set out below as the address at which it will accept notice and service of all documents in these proceedings.
BE PLEASED TO TAKE NOTICE, FURTHER, THAT the Respondents are hereby called upon to give notice of any intention to oppose the application for the relief set out above, and to set out the grounds for such opposition, by notice to be delivered to the Applicant’s attorneys at the address referred to below, within 10 days of the date of service of this application, being by 7 July 2005, and further
that the Respondents are required to appoint in such notification an address at which they will accept notice and service of all documents in these proceedings.
BE PLEASED TO TAKE NOTICE, FURTHER, THAT if no such notice of intention to oppose is given by 7 July 2005, the Applicant will request the Registrar of the above Honourable Court to place the matter before the Chief Justice to be dealt with in terms of Rule 11(4).
DATED AT JOHANNESBURG ON THIS THE 22ND DAY OF JUNE 2005.
_______________________
BOWMAN GILFILLAN INC Applicant’s Attorney
165 West Street Sandton
PO Box 785812 Sandton
2146
Telephone : (011) 669-9000 Facsimile: (011) 669-9001 Email: [email protected] Ref: L Dyer / 1092883
TO:
THE REGISTRAR OF THE ABOVE HONOURABLE COURT
Braamfontein AND TO:
WEAVIND & WEAVIND
First and Second Respondents’ Attorneys Weavind Forum
573 Fehrsen Street New Muckleneuk, Tshwane
PO Box 34
Tshwane 0001
Telephone: (012) 346-3098 Facsimile: (012) 346-3479 Email: [email protected] Ref: Mr Johnson/BR/S14018
_______________________
Received for First and Second Respondents’
Attorneys on this ____ day of June 2005
AND TO:
THE MINISTER OF TRADE & INDUSTRY Third Respondent
dti Campus Block A 3rd Floor
77 Meintjies Street Sunnyside
Tshwane
Private Bag X274 Tshwane
0001
Telephone: (012) 394 1480/1 Facsimile: (012) 394 0337
_______________________
Received for Third
Respondent on this ____
day of June 2005
AND TO:
THE NATIONAL GAMBLING BOARD OF SOUTH AFRICA Fourth Respondent
dti Campus Block E, Uuzaji
2nd Floor, Mapungubwe Building 77 Meintjies Street
Sunnyside Tshwane
Private Bag X27 Hatfield
0028
Telephone: (012) 394 3800 Facsimile: (012) 394 0831
_______________________
Received for Fourth Respondent on this ____
day of June 2005
AND TO:
THE GAUTENG GAMBLING BOARD Fifth Respondent
1256 Heuwel Avenue Centurion
0157
Private Bag X125 Centurion
0046
Telephone: (012) 663-8900 Facsimile: (012) 663-3296
_______________________
Received for Fifth
Respondent on this _____
day of June 2005 AND TO:
MEC, FINANCE AND ECONOMIC AFFAIRS, GAUTENG Sixth Respondent
Matlotlo House 94 Main Street Johannesburg Private Bag X091 Marshalltown 2107
Telephone: (011) 355 8000 Facsimile: (011) 355 8530
_______________________
Received for Sixth
Respondent on this _____ day of June 2005
