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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)
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