Van Der Merwe obo MH v Member of the Executive Council for Health and Social Development, Gauteng Provincial Government (17553/2017) [2024] ZAGPJHC 437 (4 April 2024)

Van Der Merwe obo MH v Member of the Executive Council for Health and Social Development, Gauteng Provincial Government (17553/2017) [2024] ZAGPJHC 437 (4 April 2024)

The court held that a party seeking to repudiate agreements reached by its expert witnesses in joint minutes must show good cause. Mere timing or clarity of repudiation is insufficient. In this case, the defendant failed to provide substantive expert support for repudiation, did not identify new facts or learning, and did not demonstrate that the agreements were outside the scope of expertise. The only factual corrections conceded by the plaintiff related to antenatal clinic visits and urinary tract infections, which were allowed. The remainder of the repudiation application was dismissed as the defendant failed to show good cause. Costs were awarded against the defendant, save for...

Citation
[2024] ZAGPJHC 437
Parties
Plaintiff: Amelia Van Der Merwe NO obo MH; Defendant: Member of the Executive Council for Health and Social Development, Gauteng Provincial Government
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 April 2024
Case Number
17553/2017
Procedural Posture
Civil Application / Application to Repudiate Expert Joint Minutes Prior to Trial Commencement
Outcome
The defendant is permitted to repudiate the agreement contained in paragraphs 1.2 and 1.3 of the joint minutes of the nursing experts. The application for repudiation of the remainder of the agreements is dismissed. Costs are awarded against the defendant, including wasted costs and costs of two counsel where...
Judges
Horn AJ
Legal Topics
Medical Negligence, Expert Evidence, Repudiation of Joint Minutes, Cerebral Palsy Claim, Costs Award
Delict Civil Procedure Medical Negligence Expert Evidence Repudiation of Joint Minutes Cerebral Palsy Claim Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Amelia Van Der Merwe NO obo MH

Plaintiff

Member of the Executive Council for Health and Social Development, Gauteng Provincial Government

Defendant

Procedural Posture

Civil Application / Application to Repudiate Expert Joint Minutes Prior to Trial Commencement

Legal Issues

  1. 1 Whether the defendant may repudiate agreements reached between expert witnesses in joint minutes prior to trial.
  2. 2 Whether good cause is required for repudiation of expert agreements.
  3. 3 Whether the defendant has shown good cause for repudiation of the specific agreements in the joint minutes.

Ratio Decidendi

The court held that a party seeking to repudiate agreements reached by its expert witnesses in joint minutes must show good cause. Mere timing or clarity of repudiation is insufficient. In this case, the defendant failed to provide substantive expert support for repudiation, did not identify new facts or learning, and did not demonstrate that the agreements were outside the scope of expertise. The only factual corrections conceded by the plaintiff related to antenatal clinic visits and urinary tract infections, which were allowed. The remainder of the repudiation application was dismissed as the defendant failed to show good cause. Costs were awarded against the defendant, save for...

Court Disposition

The defendant is permitted to repudiate the agreement contained in paragraphs 1.2 and 1.3 of the joint minutes of the nursing experts. The application for repudiation of the remainder of the agreements is dismissed. Costs are awarded against the defendant, including wasted costs and costs of two counsel where...

Orders

  • The defendant is permitted to repudiate the agreement contained in paragraphs 1.2 and 1.3 of the joint minutes compiled by Prof Nolte and Prof Du Plessis.
  • The application for repudiation for the remainder of the agreements concluded between the paediatric neurologists and nursing experts is dismissed.