The Mall of Rosebank - leave to appeal granted.

Posted On Friday, 29 November 2002 02:00 Published by
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The Mall of Rosebank and CentreCity Property Fund have today been granted leave to Appeal in their dispute Stephen Le Roith of Cradock Heights.
 The  Mall of Rosebank and CentreCity Property Fund have today been granted leave to Appeal in their dispute  Stephen  Le Roith of Cradock Heights.

Judge Coetzee, who 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, accepted that he may have erred, and he ruled that another Court may well have come to a different conclusion.

It was argued on behalf of the Rosebank Mall that a 1995 agreement relied upon by Stephen Le Roith of Cradock Heights had become defunct and impossible to implement.

Judge Coetzee accepted that this argument may well be judged to be correct by the Appeal Court.

Advocate Joubert SC, on behalf of Rosebank Mall and Cenprop, pointed out that there did not appear to be any prejudice at all to Le Roith, and that, on the contrary, it was obvious that all players in Rosebank had benefitted from the recent construction in the old Cradock Avenue.

Charles Ryan a director of Property Fund Managers , welcomed the ruling, and said that statistics of the turnover and foot traffic showed significant increases since construction was completed. This, he said, would benefit the public and all businesses in Rosebank, where a successful street environment had been established.  

Ryan noted that Judge Coetzee himself conceded that another Court may well find that no prejudice could be found to have been suffered by Le Roith.

The effect of the new ruling is that no structures will be demolished and all chairs and tables may remain, at least until the Appeal Court has re-decided the case.

The matter is due to be considered by the Full Bench of the High Court in due course.

Publisher: JHI Real Estate Limited
Source: JHI Real Estate Limited

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