Naidoo and Another v Ferreiras (Pty) Limited (69094/2014) [2016] ZAGPPHC 897 (9 September 2016)

Naidoo and Another v Ferreiras (Pty) Limited (69094/2014) [2016] ZAGPPHC 897 (9 September 2016)

The court held that the applicants were not entitled to invoke Rule 35(14) without first obtaining direction from the court under Rule 35(13). Rule 35(14) applies to actions and pleadings, not applications or answering affidavits, unless the court specifically directs otherwise. The applicants failed to seek such direction and did not demonstrate that the requested documents were essential and relevant to a reasonably anticipated issue. The respondent's case was straightforward, and the applicants merely needed to admit, deny, or justify the alleged payment. The application was therefore dismissed as the procedural requirements were not met and the relief sought was without merit.

Citation
[2016] ZAGPPHC 897
Parties
Applicant: Naidoo, Vishnu Kistensamy; Applicant: Rego, Samuel Jorge Da Slva; Respondent: Ferreiras (Pty) Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 September 2016
Case Number
69094/2014
Procedural Posture
Interlocutory Application / Application to Compel Discovery And/or Strike Out Notice of Motion Under Rule 35(12), Rule 35(14), and Rule 30 A(2)
Outcome
Application dismissed with costs.
Judges
W M Msimeki
Legal Topics
Discovery in Applications, Uniform Rules of Court, Rule 35, Rule 30a, Relevance of Documents, Court Discretion
Civil Procedure Discovery in Applications Uniform Rules of Court Rule 35 Rule 30a Relevance of Documents Court Discretion

Case Brief

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Parties

Naidoo, Vishnu Kistensamy

Applicant

Rego, Samuel Jorge Da Slva

Applicant

Ferreiras (Pty) Limited

Respondent

Procedural Posture

Interlocutory Application / Application to Compel Discovery And/or Strike Out Notice of Motion Under Rule 35(12), Rule 35(14), and Rule 30 A(2)

Legal Issues

  1. 1 Whether the applicants are entitled to invoke Rule 35(14) without prior direction from the court under Rule 35(13).
  2. 2 Whether the requested documents are essential and relevant to a reasonably anticipated issue in the proceedings.
  3. 3 Whether the respondent's failure to comply with the Rule 35(14) notice constitutes an irregular step justifying relief under Rule 30A(2).

Ratio Decidendi

The court held that the applicants were not entitled to invoke Rule 35(14) without first obtaining direction from the court under Rule 35(13). Rule 35(14) applies to actions and pleadings, not applications or answering affidavits, unless the court specifically directs otherwise. The applicants failed to seek such direction and did not demonstrate that the requested documents were essential and relevant to a reasonably anticipated issue. The respondent's case was straightforward, and the applicants merely needed to admit, deny, or justify the alleged payment. The application was therefore dismissed as the procedural requirements were not met and the relief sought was without merit.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.