David slays Goliath in the “Battle of the St Francis Canals”
30th November 2017: Judgement of “Appeal Dismissed with Costs” has just been received on the November 10th “David vs Goliath” confrontation in the Bloemfontein Supreme Court between Attorney Gerald Friedman representing Nevil Hulett on the one side standing alone against Advocate Christo Stockenstrom, Advocate J P Vorster s.c. and their team of lawyers and advisors.
The loss was a major setback to a long-standing vendetta against Nevil Hulett & Quaysyde Restaurant organized by Gauteng residents advocate Christo Stockenstrom, attorney Gerhard Dreyer, Jemma Surrier and Rudolph Marx. The time line of the vendetta was as follows:
- 2015 August: Christo Stockenstrom, attorney Gerhard Dreyer and Jemma Surrier object to the Quaysyde Restaurant liquor licence application and refuse to withdraw their objections forcing a liquor board hearing causing Quaysyde restaurant to open from December 2015 to end April 2016 without a liquor licence.
- 2015 December: Advocate Christo Stockensrom, Advocate Albert Beyleveld & attorney Cecil Beyleveld (representing Surrier, Dreyer et. al.) launch an urgent high court interdict claiming Quaysyde’s business zoning has lapsed and Quaysyde must be prevented from opening. Attorney Gerald Friedman representing Nevil Hulett dismisses the application with costs.
- 2016 April: After two sittings the East Cape Liquor Board issues Quaysyde its liquor licence despite advocate Stockenstrom with another advocate in attendance contesting the application in both sittings.
- 2016 November: Leave to Appeal has been granted to Christo Stockenstrom, attorney Gerhard Dreyer, Jemma Surrier and Rudolph Marx et.al. at the Supreme Court of Appeal in Bloemfontein (5 Judges).
- 2017 November: Christo Stockenstrom, attorney Gerhard Dreyer, Jemma Surrier and Rudolph Marx et.al. appeal dismissed with costs by a unanimous decision of the 5 Supreme Court of Appeal judges.
The supreme court judges in dismissing the appeal address the basis on which the case was based and wrote quite succinctly “paragraph 13: It is clear from the terms of this agreement that the second appellant (Christo Stockenstrom) regarded erf 3306 as having been zoned for business purposes. However, in October 2015, when he learned that a restaurant was being built on the property, he took offence to what he stated in the founding affidavit was ‘an unlawful invasion of the appellants’ privacy and right to peaceful and undisturbed possession of their properties’ likely to disturb the tranquil atmosphere of the ‘peaceful residential character of Marina Village and surrounding residential properties’ – all of which is somewhat rich when one knows that he had known for years the property was zoned for business purposes”.
Some say that Christo Stockenstrom has a “hidden agenda” and he only wants to stop the new On The Quay BnB being built next to him in terms of the approved 2006 Site Development plan. As you can see from theGoogle earth photo on the next page showing the objectors Holiday Homes in Relation to Quaysyde Restaurant & BnB, the On The Quay BnB to be built early 2018, should make Stockenstrom, Dreyer & Surrier happy as Nevil Hulett will have a vested interest not to have Quaysyde Restaurant make noise to disturb the 15 guests resident at the On the Quay BnB.
On numerous occasions Nevil Hulett has offered the Olive Branch to the litigants the latest being, 2 weeks before the SCA appeal, when he informed the litigants that he had been diagnosed with intrusive stomach cancer when he offered both sides covering their own costs and cancelling the court action. The litigants turned down the offer with contempt preferring to continue their vendetta.
Undeterred by losing their appeal it appears that Gauteng residents advocate Christo Stockenstrom, attorney Gerhard Dreyer, Jemma Surrier and Rudolph Marx are determined to continue their vendetta against Nevil Hulett by:
- Using Stockenstrom, Dreyer & Surrier’s position as Marina Village Homeowners Association directors to “Capture” the MVHOA and launch litigation paid for by the members of the MVHOA against Nevil Hulett & Quaysyde Restaurant to obstruct Quaysyde’s business activities and fight the new 8 bedroom on the Quay B&B to be built next to Stockenstrom in terms of the Quaysyde Site Development Plan approved by Kouga in 2006. (See Google Earth photo showing Objectors Holiday Homes in Relation to Quaysyde Restaurant & BnB on previous page)
- Having lawyers issue petty demands against Kouga, the East Cape Liquor board alleging numerous building plan, noise & pollution complaints all of which when investigated by the building inspectors, the health inspectors and the SAPS …. Have been found to be unreasonable.
After applying for last extension to the St Francis Bay Marina with his late father and founder of St Francis Bay in 1981 (it was refused) and getting final approval in 2001 (twenty years later) now overturning Christo Stockenstrom, attorney Gerhard Dreyer, Jemma Surrier and Rudolph Marx et.al’s supreme court bid to cancel Quaysydes business zoning last month …. After 37 years of environmental studies, sub divisional plans, CSIR circulation reports, EIA’s, Environmental Management Plans & Site Developments plans … Nevil should be allowed to build his 8 bedroom “On the Quay B&B” and provide a dining, recreation, mooring, sporting and accommodation service to residents & tourists without further harassment.
Is it not now time for the residents of St Francis Bay and the St Francis Paddling Club, Swimming Club, Running Club and Cycling Club who use and enjoy Quayside’s facilities to stand up against these out of town property owners and say enough is enough!