LOGIN

Judge Coetzee, who earlier this month ordered the demolition of the new entrance to the Rosebank Mall, Clockwise Restaurant and the removal of all chairs and tables in the former Cradock Avenue, ruled that he might have erred in his judgment.

Charles Ryan, a director of Property Fund Managers, welcomed the ruling, adding
that no structures would be demolished and all chairs and tables could remain until the appeal court had heard the case.

The dispute would now be considered in due course by a full bench of the high court.

Roith previously said the 1995 contract between the Rosebank Mall and Cradock Heights clearly outlined 'a co-ordinated and harmonious plan' to rejuvenate the area around Cradock Avenue, making it attractive to visitors.

'The mall's commercial exploitation of Cradock Avenue adversely affected the area as a whole and had left the owners of Cradock Heights with no option but to insist that the Rosebank Mall should be bound by its word,' he said.

However, Ryan said yesterday that statistics of turnover and foot traffic showed significant increases since construction was completed, which would benefit the public and all businesses in Rosebank, where a successful street environment had been established.

In the court appeal it was argued on behalf of the Rosebank Mall that a 1995 agreement relied upon by Le Roith had become defunct and impossible to implement.