Barnard and Other In re: Registrar of Medical Schemes v Medshield Medical Scheme (56193/12) [2013] ZAGPPHC 184 (5 July 2013)
The court found that there is a reasonable prospect that another court may come to a different conclusion regarding the existence of good cause for the appointment of a curator to manage the affairs of the medical scheme. Given the importance and novelty of the jurisdictional issues, leave to appeal to the Supreme...
Source-derived case information.
- Citation
- [2013] ZAGPPHC 184
- Parties
- Applicant: Francois Barnard; Applicant: Thabo Pandleton Mabeta; Applicant: Bisnath (Jay) Singh; Applicant: Gavin John Griffin; Applicant: Michael Wright; Applicant: Mark Dawson; Applicant: Amelia Holland; Applicant: Eben Lofty van Wyk; Applicant: Petrus Johannes Kriel; Applicant: Francois Albert Pieterse; Respondent: Registrar of Medical Schemes; Respondent: Medshield Medical Scheme
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 56193/12
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment Confirming Rule Nisi and Appointment of Curator.
- Outcome
- Leave to appeal granted to the Supreme Court of Appeal. The orders of van der Merwe DJP are revived and extended pending the outcome of the appeal. Costs of the application for leave to appeal shall be costs in the appeal.
- Judges
- Murphy
- Legal Topics
- Curatorship, Leave to Appeal, Rule Nisi, Jurisdictional Preconditions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francois Barnard
Applicant
Thabo Pandleton Mabeta
Applicant
Bisnath (Jay) Singh
Applicant
Gavin John Griffin
Applicant
Michael Wright
Applicant
Mark Dawson
Applicant
Amelia Holland
Applicant
Eben Lofty van Wyk
Applicant
Petrus Johannes Kriel
Applicant
Francois Albert Pieterse
Applicant
Registrar of Medical Schemes
Respondent
Medshield Medical Scheme
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Confirming Rule Nisi and Appointment of Curator.
Legal Issues
- 1 Whether there is a reasonable prospect that another court may reach a different conclusion regarding the appointment of a curator.
- 2 Whether good cause exists for the appointment of a curator to manage the affairs of the medical scheme.
- 3 Whether the orders of van der Merwe DJP should be revived and extended pending the outcome of the appeal.
Ratio Decidendi
The court found that there is a reasonable prospect that another court may come to a different conclusion regarding the existence of good cause for the appointment of a curator to manage the affairs of the medical scheme. Given the importance and novelty of the jurisdictional issues, leave to appeal to the Supreme Court of Appeal was justified. The court declined to analyse the numerous grounds raised by the applicants, as the reasonable prospect of success was sufficient to grant leave. The orders of van der Merwe DJP, including the provisional curatorship and rule nisi, were revived and extended pending the outcome of the appeal, in accordance with the parties' agreement.
Court Disposition
Leave to appeal granted to the Supreme Court of Appeal. The orders of van der Merwe DJP are revived and extended pending the outcome of the appeal. Costs of the application for leave to appeal shall be costs in the appeal.
Orders
- The applicants are granted leave to appeal to the Supreme Court of Appeal.
- The orders of van der Merwe DJP are revived and extended pending the outcome of the appeal regarding the final order of curatorship.
Full Case Text
Judgment text and source record
38 paragraphs
NOT REPORTABLE
IN THE NORTH GAUTENG HIGH COURT OF SOUTH AFRICA PRETORIA
CASE NO: 56193/12
DATE:05/07/2013
In the matter between:
FRANCOIS BARNARD................................................................................ 1st Intervening Party
THABO PANDLETON MABETA..................................................................2nd Intervening Party
BISNATH (JAY) SINGH.................................................................................. 3rd Intervening Party
GAVIN JOHN GRIFFIN...................................................................................4th Intervening Party
MICHAEL WRIGHT.........................................................................................5th Intervening Party
MARK DAWSON............................................................................................6th Intervening Party
AMELIA HOLLAND …..................................................................................7th Intervening Party
EBEN LOFTY VAN WYK..............................................................................8th Intervening Party
PETRUS JOHANNES KRIEL.......................................................................9th Intervening Party
FRANCOIS ALBERT PIETERSE............................................................... 10th Intervening Party
In re:
THE REGISTRAR OF MEDICAL SCHEMES.............................................Applicant
and
MEDSHIELD MEDICAL SCHEME............................................................. Respondent
JUDGMENT IN THE APPLICATION FOR LEAVE TO APPEAL
MURPHY J
1. The applicants (the intervening parties in the main application) apply for leave to appeal against my judgment of 25 January 2013 confirming the rule nisi issued by van der Merwe JP on 2 October 2012 and appointing a curator to manage the affairs of the medical scheme.
2. The application for leave to appeal sets out a plethora of grounds upon which leave is sought, many of which misstate or misrepresent my findings and raise issues not argued before me.
3. I am of the opinion that leave to appeal should be granted for the simple reason that there is a reasonable prospect that another court may come to a different conclusion with regard to my finding that good cause exists for the appointment of a curator. Accordingly, no purpose will be served in analysing and commenting upon the various grounds misstating my findings or raising new issues.
4. The importance of the matter to all parties and the novelty of the issues related to the jurisdictional preconditions justify granting leave to the Supreme Court of Appeal.
5. The effect of granting leave is that my order confirming the rule nisi and appointing the curator will be suspended. The respondent
(the applicant in the main application) did not bring a formal application in terms of rule 49(11) for the order to remain effective. However, counsel for the parties indicated from the bar their agreement that in the event of leave to appeal being granted the order granting a provisional curator and the rule nisi issued by van der Merwe DJP should be revived and remain effective until the appeal is finalised.
7. Accordingly, the following orders are issued:
i) The applicants are granted leave to appeal to the Supreme Court of Appeal
ii) The orders of van der Merwe DJP are revived and extended pending the outcome of the appeal in respect of whether a final order of curatorship should be granted.
iii) The costs of the application for leave to appeal shall be costs in the appeal.
JR MURPHY
JUDGE OF THE NORTH GAUTENG HIGH COURT
Date Heard: 30 May 2013
For the Applicant: Adv M.C. Maritz SC
Instructed By: Savage, Jooste & Adams Attorneys
For the Respondent: Adv J.H. Dreyer SC
Instructed By: Geyser Van Rooyen Attorneys