IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA
In the matter between:
TREVOR B GIDDEY, N.O. APPLICANT
and
J C BARNARD & PARTNERS RESPONDENT
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NOTICE OF MOTION
_______________________________________________________________
TAKE NOTICE THAT Trevor B Giddey N.O. (hereinafter called the Applicant) hereby
applies to the President of the Supreme Court of Appeal of South Africa for an order in the following terms :
1. Granting leave to the Applicant to appeal to the Supreme Court of Appeal, alternatively to the Full Court of the Witwatersrand Local Division of the High Court of South Africa against the whole of the judgement and orders, including the order for costs, which was delivered by His Lordship, the Honourable Mr Justice Joffe, on 10 August 2005 in the Witwatersrand Local Division of the High Court of South Africa, under case number 05/10006.
2. Directing that the costs of this application be costs in the said appeal.
3. Granting the Applicant such further or alternative relief which this Honourable Court may deem fit.
The accompanying affidavit of Arthur Manfred Kruger is annexed in support of the application, including all annexures thereto.
TAKE NOTICE FURTHER that if you intend to oppose this application, you are required
to lodge your affidavit in support of your opposition, after prior service upon the Applicant, with the Registrar of this court within one month after service of this application upon you.
DATED AT SANDTON ON THIS THE DAY OF OCTOBER 2005.
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Arthur Kruger Attorney Attorney for Applicant c/o Israel Sackstein Matsepe Inc
26/28 Aliwal Street P O Box 256 Bloemfontein Telephone : 051 448-3145 Telefax : 051 430-4563 Reference : Mr Sackstein (Our Ref.: Mr Kruger/6844) TO :
THE REGISTRAR OF THE ABOVE HONOURABLE COURT BLOEMFONTEIN
and TO :
WERKSMANS INC.
Respondent's Attorneys 155-5th Street
Sandown
OR Suite 1714-17th Floor, Marble Towers 208-212 Jeppe Street
Johannesburg Private Bag 10015 Sandton
2146
Tel : 011 535-8000
Fax : 011 535-8600 Received copy hereof on this the Ref : Mr H Jacobs/CHAR3037.1 day of October 2005.
__________________________
for : Respondent's Attorneys and
TO :
THE REGISTRAR OF THE HIGH COURT OF SOUTH AFRICA WITWATERSRAND LOCAL DIVISION
