CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT 242/15
In the matter between:
MASSTORES (PTY) LIMITED Applicant
and
PICK N PAY RETAILERS (PTY) LIMITED First Respondent HYPROP INVESTMENTS LIMITED Second Respondent
DIRECTIONS DATED 15 FEBRUARY 2016
The Chief Justice has issued the following further directions:
1. The parties must by agreement, on or before Thursday 25 February 2016, deliver the relevant parts of the record before the High Court and Supreme Court of Appeal, dealing with the following factual issues:
a) Whether the second respondent (Hyprop) at any stage prior to 9 May 2014 sought to enforce the provisions of clause 12 of its lease agreement with the applicant (Masstores) and, if it did, the manner in which and the time when this was done;
b) whether Hyprop at any stage subsequent to 9 May 2014 sought to enforce the provisions of clause 12 of its lease agreement with Masstores and, if it did, the manner in which and the time when this was done;
c) whether the first respondent (Pick’N Pay) at any stage sought to enforce the provisions of clause 10 of its lease agreement with
Hyprop and, if it did, the manner in which and the time when this was done.
2. If no agreement can be reached between the parties on the parts of the record needed on these issues, the applicant must deliver those parts of the record it considers necessary on or before Thursday 25 February 2016, and the respondents may deliver any additional parts of the record they consider necessary on or before Monday 29 February 2016.
3. Further directions may be issued.
MS VISAGIE
SENIOR REGISTRAR’S CLERK CONSTITUTIONAL COURT
TO: CLIFFE DEKKER HOFMEYR INC Attorneys for the applicant
1 Protea place Sandown
JOHANNESBURG Tel: 011 562 1090 Fax: 011 562 1580 Ref: J Witts-Hewinson AND TO: NORTONS INC Attorneys for the First Respondent 135 Daisy Street
Sandton
JOHANNESBURG Tel: 011 666 7560 Ref: A Norton/J Walker
AND TO: WALKERS INC
Attorneys for the Second Respondent 15th Floor, Pleinpark
Plein Street CAPE TOWN Tel: 021 464 1400 Fax: 021 462 2256
Email:[email protected] Ref: B van der Vyver/W36005
