Star Internet Cafe v Vukani Gaming Northern Cape (Pty) Ltd (254/2018) [2020] ZANCHC 23 (5 June 2020)

Star Internet Cafe v Vukani Gaming Northern Cape (Pty) Ltd (254/2018) [2020] ZANCHC 23 (5 June 2020)

The court held that references in the respondent's affidavits to the employment status and mandate of the investigators did not constitute direct or indirect reference to employment contracts or written briefs for the purposes of Rule 35(12). Any inference of the existence of such documents was speculative and insufficient to trigger the obligation to produce them. The mandates were oral and not in writing, and the documents sought were irrelevant to the main application, which concerned whether illegal gambling was conducted at the appellant's premises. The court found that the order refusing discovery was appealable in the interests of justice but, on the merits, the appellant failed to...

Citation
[2020] ZANCHC 23
Parties
Appellant: Star Internet Café; Respondent: Vukani Gaming Northern Cape (Pty) Ltd
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
5 June 2020
Case Number
254/2018
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Order (rule 30 a Application)
Outcome
Appeal dismissed with costs on party and party scale, including costs of two counsel. Order binding on related cases 253/18 and 510/18.
Judges
Phatshoane, Mamosebo, Stanton
Legal Topics
Discovery in Motion Proceedings, Rule 35 Discovery, Interlocutory Applications, Costs Punitive Scale
Civil Procedure Commercial and Corporate Discovery in Motion Proceedings Rule 35 Discovery Interlocutory Applications Costs Punitive Scale

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Star Internet Café

Appellant

Vukani Gaming Northern Cape (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Order (rule 30 a Application)

Legal Issues

  1. 1 Whether references in affidavits to employment and mandate constitute indirect reference to documents for purposes of Rule 35(12).
  2. 2 Whether the documents sought are relevant to the issues in the main application.
  3. 3 Whether the order refusing discovery is appealable.

Ratio Decidendi

The court held that references in the respondent's affidavits to the employment status and mandate of the investigators did not constitute direct or indirect reference to employment contracts or written briefs for the purposes of Rule 35(12). Any inference of the existence of such documents was speculative and insufficient to trigger the obligation to produce them. The mandates were oral and not in writing, and the documents sought were irrelevant to the main application, which concerned whether illegal gambling was conducted at the appellant's premises. The court found that the order refusing discovery was appealable in the interests of justice but, on the merits, the appellant failed to...

Court Disposition

Appeal dismissed with costs on party and party scale, including costs of two counsel. Order binding on related cases 253/18 and 510/18.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the appeal on party and party scale, including costs consequent upon the employment of two counsel.