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[2014] ZAGPPHC 13
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Genesis Medical Scheme v Ngalwana N.O. and Others (2639/2011) [2014] ZAGPPHC 13 (11 February 2014)
IN THE HIGH COURT OF SOUTH
AFRICA
GAUTENG DIVISION. PRETORIA
Case number: 2639/2011
Date: 11 February 2014
In
the matter between:
GENESIS MEDICAL
SCHEME
………………………………………..
Applicant
and
VUYANI NGALWANA
N.O
…………………………………....
First
Respondent
THE COUNCIL FOR
MEDICAL SCHEMES
…………….
Second
Respondent
ANNALISE DU TOIT
………………………………………….
Third
Respondent
LEAVE TO APPEAL JUDGMENT
PRETORIUS
J.
[1]
This
application for leave to appeal is against the whole judgment
delivered on
27 November 2013 by this court.
[2]
I have received heads of argument from
the counsel for the first and second respondents’ counsel. I
have considered the application
for leave to appeal, as well as all
the arguments raised in court. Furthermore I have once more
considered the authorities to which
I had been referred.
[3]
I do not intend setting out the reasons
for my judgment as the reasons for my findings are clear from the
judgment I originally
delivered.
[4]
The court is of the opinion that another
court will not come to a different conclusion in this application.
[5]
The following order is made:
1.
The application for leave to appeal is
dismissed with costs;
2.
The costs to include the costs
occasioned by the use of two counsel.
Judge
C Pretorius
Case
number: 2639/2011
Heard
on: 4 February 2014
For
the Applicant: Adv E Fagan SC
Instructed
by : Webber Wentzel
For
the Respondent: Adv Brett SC
:
Adv AJ Lapan
Instructed
by: Routledge Modise INC
Date
of Judgment: 11 February 2014