De Vries Ambulance Academy (Pty) Ltd v Professional Board for Emergency Care and Another (93357/2016) [2017] ZAGPPHC 453 (28 April 2017)

De Vries Ambulance Academy (Pty) Ltd v Professional Board for Emergency Care and Another (93357/2016) [2017] ZAGPPHC 453 (28 April 2017)

The court found that the applicant had established exceptional circumstances justifying the continued operation of the interim order pending the outcome of the application for leave to appeal or any subsequent appeal. The applicant's longstanding provision of accredited training, the risk of closure, job losses, and prejudice to students constituted harm that was out of the ordinary and could not be adequately remedied in due course. The respondents' regulatory harm was found to be minimal, given their delayed exercise of regulatory powers and the absence of immediate prejudice. The court held that urgency was sufficiently established and that the balance of convenience favoured the...

Citation
[2017] ZAGPPHC 453
Parties
Applicant: De Vries Ambulance Academy (Pty) Ltd; Respondent: Professional Board for Emergency Care; Respondent: Health Professions Council of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 April 2017
Case Number
93357/2016
Procedural Posture
Urgent Application / Application for Order That Previous Interim Order Remains Effective Pending Leave to Appeal or Appeal
Outcome
Application granted. The interim order of Tolmay J remains effective pending leave to appeal or appeal.
Judges
SA Thobane
Legal Topics
Stay of Execution, Exceptional Circumstances, Irreparable Harm, Interim Relief, Regulatory Functions
Administrative Law Civil Procedure Stay of Execution Exceptional Circumstances Irreparable Harm Interim Relief Regulatory Functions

Case Brief

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Parties

De Vries Ambulance Academy (Pty) Ltd

Applicant

Professional Board for Emergency Care

Respondent

Health Professions Council of South Africa

Respondent

Procedural Posture

Urgent Application / Application for Order That Previous Interim Order Remains Effective Pending Leave to Appeal or Appeal

Legal Issues

  1. 1 Whether the applicant has established exceptional circumstances justifying the continued operation of the interim order pending leave to appeal or appeal.
  2. 2 Whether the applicant will suffer irreparable harm if the interim order is suspended.
  3. 3 Whether the respondents will suffer irreparable harm if the interim order remains effective.

Ratio Decidendi

The court found that the applicant had established exceptional circumstances justifying the continued operation of the interim order pending the outcome of the application for leave to appeal or any subsequent appeal. The applicant's longstanding provision of accredited training, the risk of closure, job losses, and prejudice to students constituted harm that was out of the ordinary and could not be adequately remedied in due course. The respondents' regulatory harm was found to be minimal, given their delayed exercise of regulatory powers and the absence of immediate prejudice. The court held that urgency was sufficiently established and that the balance of convenience favoured the...

Court Disposition

Application granted. The interim order of Tolmay J remains effective pending leave to appeal or appeal.

Orders

  • Pending the respondents' application for leave to appeal, or an appeal (if granted), the order of Tolmay J dated 30 March 2017 shall remain effective.
  • The respondents are directed to pay the costs of the application jointly and severally, including costs consequent upon the employment of two counsel.