Marotex (Pty) Ltd (In Business Rescue) and Others v ABSA Bank Limited (Leave to Appeal) (31562/2018) [2025] ZAGPPHC 362 (10 April 2025)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2025 >> [2025] ZAGPPHC 362 | Noteup | LawCite sino index ## Marotex (Pty) Ltd (In Business Rescue) and Others v ABSA Bank Limited (Leave to Appeal) (31562/2018) [2025] ZAGPPHC 362 (10 April 2025) Marotex (Pty) Ltd (In Business Rescue) and Others v ABSA Bank Limited (Leave to Appeal) (31562/2018) [2025] ZAGPPHC 362 (10 April 2025) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2025_362.html sino date 10 April 2025 IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) Case Number:  31562/2018 (1) REPORTABLE:   NO. (2) OF INTEREST TO OTHER JUDGES:  NO. (3) REVISED. DATE 2025-04-10 SIGNATURE In the matter between: MAROTEX (PTY) LTD (IN BUSINESS RESCUE) First Applicant THE COMMISSIONER OF THE SOUTH AFRICAN REVENUE SERVICES Second Applicant NATALIE SMIT Third Applicant CITY OF TSHWANE LOCAL AUTHORITY Fourth Applicant THE BODY CORPORATE OF HARMONY VILLAGE Fifth Applicant WERNER CAWOOD Sixth Applicant JC BEER Seventh Applicant R.R. MAKIWANE Eighth Applicant MM NDZIBA Ninth Applicant LN NDZIBA Tenth Applicant JAN JACOB VAN ZYL DE VILLIERS N.O. (previous BRP) Eleventh Applicant THE COMPANIES AND INTELLECTUAL PROPERTY COMMISSION Twelfth Applicant DL HARDING Thirteenth Applicant and ABSA BANK LIMITED Respondent This judgment was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the Parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines.  The date for handing down is deemed to be 10 April 2025. JUDGMENT:  APPLICATION FOR LEAVE TO APPEAL POTTERILL J [1]      After hearing oral argument I am satisfied that in terms of Rule 17(1) of the Superior Courts Act 10 of 2013 leave to appeal is not be given as I am of the opinion that the appeal would have no reasonable prospects of success. [2]      The application for leave to appeal is dismissed with costs on scale C. S. POTTERILL JUDGE OF THE HIGH COURT CASE NO:  31562/2018 HEARD ON:    9 April 2025 FOR THE 8 TH - 10 TH APPLICANTS:  ADV. M. NDZIBA INSTRUCTED BY:  GM Tjiane Attorneys FOR THE RESPONDENT:  ADV. M.P. VAN DER MERWE SC INSTRUCTED BY:  Tim du Toit & Co Inc. DATE OF JUDGMENT:     10 April 2025 sino noindex make_database footer start