Naude and Another v Louis Pasteur Medical Investments (Pty) Ltd and Others (31/2021) [2022] ZASCA 139 (24 October 2022)

Naude and Another v Louis Pasteur Medical Investments (Pty) Ltd and Others (31/2021) [2022] ZASCA 139 (24 October 2022)

The Supreme Court of Appeal found that the settlement between Naude, Pasteur Holdings, Pasteur Investments, and First Clinic rendered the appeal moot, as there was no longer a live controversy for adjudication. The abandonment of the order by Pasteur Investments and First Clinic did not extinguish the interim order, which remained operative until varied or set aside. Lenmed's application for intervention was dismissed because the underlying dispute was no longer before the court, and its interests were already protected by the existing interim order. The court held that Lenmed's persistence in pursuing intervention and opposing the declaration of mootness constituted an abuse of process,...

Citation
[2022] ZASCA 139
Parties
Appellant: Etienne Jacques Naude; Appellant: Louis Pasteur Hospital Holdings (Pty) Ltd; Respondent: Louis Pasteur Medical Investments (Pty) Ltd; Respondent: First Clinic Properties One Limited; Appellant: Lenmed Investments Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 October 2022
Case Number
31/2021
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal declared moot and removed from the roll; intervention application struck from the roll; punitive costs order granted against Lenmed Investments (Pty) Ltd.
Judges
Zondi, Molemela, Hughes, Goosen, Siwendu
Legal Topics
Business Rescue, Creditor Standing, Intervention Application, Mootness, Costs Order
Commercial and Corporate Civil Procedure Business Rescue Creditor Standing Intervention Application Mootness Costs Order

Case Brief

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Parties

Etienne Jacques Naude

Appellant

Louis Pasteur Hospital Holdings (Pty) Ltd

Appellant

Louis Pasteur Medical Investments (Pty) Ltd

Respondent

First Clinic Properties One Limited

Respondent

Lenmed Investments Limited

Appellant

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the appeal is moot due to settlement between primary litigants.
  2. 2 Whether Lenmed Investments Limited has standing to intervene in the appeal.
  3. 3 Whether the interim order interdicting further meetings of creditors remains operative.

Ratio Decidendi

The Supreme Court of Appeal found that the settlement between Naude, Pasteur Holdings, Pasteur Investments, and First Clinic rendered the appeal moot, as there was no longer a live controversy for adjudication. The abandonment of the order by Pasteur Investments and First Clinic did not extinguish the interim order, which remained operative until varied or set aside. Lenmed's application for intervention was dismissed because the underlying dispute was no longer before the court, and its interests were already protected by the existing interim order. The court held that Lenmed's persistence in pursuing intervention and opposing the declaration of mootness constituted an abuse of process,...

Court Disposition

Appeal declared moot and removed from the roll; intervention application struck from the roll; punitive costs order granted against Lenmed Investments (Pty) Ltd.

Orders

  • The appeal is declared moot and is removed from the roll.
  • The intervention application is struck from the roll.