Page:Gory v Kolver (CC).djvu/12

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Van Heerden AJ

Bell’s favour. The Starke sisters do therefore have a direct and substantial interest in the confirmation application.

[17] The Starke sisters’ application for intervention was brought as soon as reasonably possible after they became aware of the fact that Mr Bell, in correspondence with the executor of their late brother’s estate, claimed to be the latter’s sole intestate heir. Neither Mr Kolver nor the Minister opposes their application, although Mr Gory takes the view, for the reasons outlined above, that the application has no merit and should be dismissed with costs. The submissions advanced by the Starke sisters on the issues of reading-in and retrospectivity are indeed substantially new contentions not canvassed in any detail (if at all) by the other parties in this matter. As such, these submissions are of considerable assistance to this Court. It would to my mind be unfair not to allow the Starke sisters to participate in the proceedings and the interests of justice require that their application for leave to intervene be granted.

[18] Once the Starke sisters are allowed to intervene, Mr Bell should also be allowed to do so. Like the Starke sisters, he has a direct and substantial interest in the subject matter of the confirmation application, his application was also timeously brought and his submissions countering those made by the Starke sisters are certainly cogent and helpful to this Court. There can be no question that the interests of justice require his application for intervention to be granted.

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