Arwyp Medical Centre (Pty) Ltd v Minister of Health Services in His/Her Capacity as Head of the National Department of Health and Others (6210/2012) [2014] ZAGPPHC 644 (25 August 2014)

Arwyp Medical Centre (Pty) Ltd v Minister of Health Services in His/Her Capacity as Head of the National Department of Health and Others (6210/2012) [2014] ZAGPPHC 644 (25 August 2014)

The court found that, having considered the application for leave to appeal, there is a reasonable possibility that another court may reach a different conclusion on the merits of the case. Accordingly, leave to appeal is granted to the full bench of the division. The costs of the application for leave to appeal are ordered to be costs in the appeal.

Citation
[2014] ZAGPPHC 644
Parties
Applicant: Arwyp Medical Centre (Pty) Ltd; Respondent: Minister of Health Services in His/Her Capacity as Head of the National Department of Health; Respondent: The Member of the Executive Council in His/Her Official Capacity as Head of the Department of Health and Social Development, Gauteng; Respondent: The Director-General of the National Department of Health in His/Her Official Capacity; Respondent: The Head of the Department of Health and Social Development in His/Her Official Capacity; Respondent: The Chairperson: Appeal Advisory Committee in His/Her Official Capacity; Respondent: Leboneng Hospital (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 August 2014
Case Number
6210/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Bench
Outcome
Leave to appeal granted to the full bench of the division. Costs to be costs in the appeal.
Judges
A.M.L. Phatudi
Legal Topics
Leave to Appeal, Costs Order
Civil Procedure Leave to Appeal Costs Order

Case Brief

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Parties

Arwyp Medical Centre (Pty) Ltd

Applicant

Minister of Health Services in His/Her Capacity as Head of the National Department of Health

Respondent

The Member of the Executive Council in His/Her Official Capacity as Head of the Department of Health and Social Development, Gauteng

Respondent

The Director-General of the National Department of Health in His/Her Official Capacity

Respondent

The Head of the Department of Health and Social Development in His/Her Official Capacity

Respondent

The Chairperson: Appeal Advisory Committee in His/Her Official Capacity

Respondent

Leboneng Hospital (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Bench

Legal Issues

  1. 1 Whether leave to appeal should be granted to the full bench of the division.
  2. 2 Whether the costs of the application should be costs in the appeal.

Ratio Decidendi

The court found that, having considered the application for leave to appeal, there is a reasonable possibility that another court may reach a different conclusion on the merits of the case. Accordingly, leave to appeal is granted to the full bench of the division. The costs of the application for leave to appeal are ordered to be costs in the appeal.

Court Disposition

Leave to appeal granted to the full bench of the division. Costs to be costs in the appeal.

Orders

  • Leave to appeal is hereby granted to the full bench of this division.
  • Costs of this application shall be costs in the appeal.