Botha v 4D Health (Pty) Limited (2019/18976) [2020] ZAGPPHC 268 (15 June 2020)

Botha v 4D Health (Pty) Limited (2019/18976) [2020] ZAGPPHC 268 (15 June 2020)

The court held that the essential requirement under Rule 35(12) is a reference to a document in pleadings or affidavits, and once such reference is made, the party is obliged to produce the document for inspection. The respondent's claim of confidentiality and irrelevance was not persuasive, as the expert report annexed to the answering affidavit clearly referenced the documents in question. The court emphasized that considerations of fairness and the right to a fair trial require that the applicant be afforded an opportunity to inspect the documents upon which the respondent's expert opinion is based. The court exercised its discretion under Rule 30A and found that the respondent failed...

Citation
[2020] ZAGPPHC 268
Parties
Applicant: Johanna Magrieta Susanna Botha; Respondent: 4D Health (Pty) Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 June 2020
Case Number
2019/18976
Procedural Posture
Urgent Application / Application to Compel Production of Documents Under Rules 30 a and 6(11) Pending Liquidation Proceedings
Outcome
Application granted. The respondent is ordered to produce the documents for inspection and to pay the costs of the application.
Judges
Mokose
Legal Topics
Discovery of Documents, Rule 35 12, Rule 30a, Expert Evidence, Confidentiality of Documents
Civil Procedure Discovery of Documents Rule 35 12 Rule 30a Expert Evidence Confidentiality of Documents

Case Brief

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Parties

Johanna Magrieta Susanna Botha

Applicant

4D Health (Pty) Limited

Respondent

Procedural Posture

Urgent Application / Application to Compel Production of Documents Under Rules 30 a and 6(11) Pending Liquidation Proceedings

Legal Issues

  1. 1 Whether the respondent may refuse to produce documents referred to in its answering affidavit and expert report on grounds of confidentiality or irrelevance.
  2. 2 Whether the applicant is entitled to inspect documents referenced in the respondent's expert report under Rule 35(12).

Ratio Decidendi

The court held that the essential requirement under Rule 35(12) is a reference to a document in pleadings or affidavits, and once such reference is made, the party is obliged to produce the document for inspection. The respondent's claim of confidentiality and irrelevance was not persuasive, as the expert report annexed to the answering affidavit clearly referenced the documents in question. The court emphasized that considerations of fairness and the right to a fair trial require that the applicant be afforded an opportunity to inspect the documents upon which the respondent's expert opinion is based. The court exercised its discretion under Rule 30A and found that the respondent failed...

Court Disposition

Application granted. The respondent is ordered to produce the documents for inspection and to pay the costs of the application.

Orders

  • The respondent is ordered to make the reports referred to in paragraph 5 of the respondent's expert witness report available for inspection by the applicant within 10 days of the date of this judgment.
  • The respondent is ordered to pay the costs of this application.