South Africa: North Gauteng High Court, Pretoria

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[2016] ZAGPPHC 298
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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