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Moto Health Care Medical Scheme v Muller N.O and Others (18152/2013) [2016] ZAGPPHC 298 (8 March 2016)

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IN THE HIGH COURT OF SOUTH AFRICA


(GAUTENG DIVISION, PRETORIA)


Case number: 18152/2013


DATE: 08 MARCH 2016


In the matter between:


MOTO HEALTH CARE MEDICAL SCHEME.............................................................APPLICANT


And


JOHANNES ZACHARIAS HUMAN MULLER N.O.........................................1ST RESPONDENT


MICHAEL MMATHOMO MASILO N.O..........................................................2ND RESPONDENT


HMI HEALTHCARE CORPORATION (PTY) LTD........................................3RD RESPONDENT


AGILITY GLOBAL HEALTH SOLUTIONS - AFRICA (PTY) LTD.............4TH RESPONDENT


MEDSHIELD MEDICAL SCHEME...................................................................5TH RESPONDENT


MASTER OF THE HIGH COURT......................................................................6TH RESPONDENT


JUDGMENT


PRETORIUS J.


1. This application was heard on 5 August 2015 and the judgment was handed down on 4 September 2015. Unfortunately, due to the no availability of senior counsel and myself being on circuit for seven weeks, this application for leave to appeal is only heard on 7 March 2016.


2. Having heard argument by counsel I make the following order:


1. Leave to appeal is granted to the 3rd and 4th Respondents to the Full Bench of the Gauteng Division of the High Court;


2. Costs of this application to be costs in the appeal, including the cost occasioned by the use of two counsel.


JUDGE C Pretorius


Case number : 18152/2013


Application for leave to appeal


heard on : 7 March 2016


For the Applicant : Adv KW LQderitz SC; Adv TD Prinsloo


Instructed by : Barnard Incorporated


For the Respondent : Adv J J Brett SC; Adv E Kromhout


Instructed by : Gildenhuys Malatji Incorporated


Date of Judgment : 8 March 2016