[1] This is an appeal against the judgment and order delivered on 27 March 2013 in this court. Leave to appeal was granted on 15 August 2013 and the appellant delivered its notice of appeal on 11 September 2013.

[2] Heads of argument have been filed by both the appellant and respondent. The respondent did not deal with the merits of the appeal, but only with the notice of appeal. According to the respondent the applicant had not complied with the provisions of Rule 49(4) of the Uniform Rules of Court.

[3] Rule 49(4) provides:

“Every notice of appeal and cross-appeal shall state-

(a) what part of the judgment or order is appealed against; and

(b) the particular respect in which the variation of the judgment or order is sought "