Maureen Allem Inc and Another v Jooste and Others (43692/2018) [2021] ZAGPJHC 558 (6 April 2021)

Maureen Allem Inc and Another v Jooste and Others (43692/2018) [2021] ZAGPJHC 558 (6 April 2021)

The court found that although the defendants' opposition was based on protecting private and confidential information, they were not acting unreasonably or maliciously. The patients whose information was sought were not joined as parties, and there was no authority for the defendants to assert rights on their behalf. The plaintiff was not awarded all the relief sought, as some discovery requests were postponed sine die. Applying the test for reasonable prospects of success under section 17(1)(a) of the Superior Courts Act, the court concluded that another court might reasonably reach a different conclusion regarding the costs order. Therefore, leave to appeal was granted.

Citation
[2021] ZAGPJHC 558
Parties
Applicant: Dr Maureen Allem Inc; Applicant: Skin Renewal CC; Respondent: Dr Burt Jooste; Respondent: The Longevity Institute (Pty) Ltd t/a The Longevity Centre; Respondent: Dr Burt Jooste and Associates Inc; Respondent: Estee Veale; Respondent: Tamara Moen; Respondent: Xenephin Ludick
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 April 2021
Case Number
43692/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Costs Order in Interlocutory Discovery Proceedings
Outcome
Leave to appeal granted to the Full Court of the Division; costs to be determined in the appeal.
Judges
Molahlehi
Legal Topics
Costs Order, Discovery Procedure, Judicial Discretion, Prospects of Success
Civil Procedure Costs Order Discovery Procedure Judicial Discretion Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Dr Maureen Allem Inc

Applicant

Skin Renewal CC

Applicant

Dr Burt Jooste

Respondent

The Longevity Institute (Pty) Ltd t/a The Longevity Centre

Respondent

Dr Burt Jooste and Associates Inc

Respondent

Estee Veale

Respondent

Tamara Moen

Respondent

Xenephin Ludick

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Costs Order in Interlocutory Discovery Proceedings

Legal Issues

  1. 1 Whether the court exercised its discretion properly and fairly in awarding costs to the applicant in the interlocutory discovery application.
  2. 2 Whether the defendants' opposition to discovery, based on privacy and confidentiality, justified a different costs order.
  3. 3 Whether there are reasonable prospects of success on appeal regarding the costs order.

Ratio Decidendi

The court found that although the defendants' opposition was based on protecting private and confidential information, they were not acting unreasonably or maliciously. The patients whose information was sought were not joined as parties, and there was no authority for the defendants to assert rights on their behalf. The plaintiff was not awarded all the relief sought, as some discovery requests were postponed sine die. Applying the test for reasonable prospects of success under section 17(1)(a) of the Superior Courts Act, the court concluded that another court might reasonably reach a different conclusion regarding the costs order. Therefore, leave to appeal was granted.

Court Disposition

Leave to appeal granted to the Full Court of the Division; costs to be determined in the appeal.

Orders

  • The defendants are granted leave to appeal to the Full Court of this Division.
  • Costs shall be in the appeal.