Waldeck NO and Others v Land and Agricultural Development Bank of South Africa (4013/18) [2019] ZAMPMHC 4 (14 October 2019)

Waldeck NO and Others v Land and Agricultural Development Bank of South Africa (4013/18) [2019] ZAMPMHC 4 (14 October 2019)

The court found that the respondent's reliance on confidentiality was not supported by sufficient factual detail and that any confidentiality was waived by permitting inspection of the documents. The documents referenced in the pleadings are relevant to the respondent's locus standi and must be disclosed to the applicants to enable them to plead and challenge the respondent's standing. The respondent's refusal to allow copying was unreasonable, especially as the applicants are not competitors and have undertaken not to disclose the documents to third parties. The court ordered discovery and copying of items 2-12 in Annexure F, subject to conditions restricting further dissemination, and...

Citation
[2019] ZAMPMHC 4
Parties
Applicant: Vicky Waldeck N.O; Applicant: Rudolf Waldeck N.O; Applicant: Erika Bester N.O; Applicant: Vicky Waldeck; Applicant: Rudolf Waldeck; Applicant: Erika Bester; Respondent: Land and Agricultural Development Bank of South Africa
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
14 October 2019
Case Number
4013/18
Procedural Posture
Civil Application / Application to Compel Discovery Under Rule 35(12) Prior to Trial
Outcome
Application granted. Respondent ordered to provide copies of documents and pay costs on attorney and client scale.
Judges
Brauckmann
Legal Topics
Discovery Procedure, Confidentiality of Documents, Locus Standi, Cession of Debt
Civil Procedure Commercial and Corporate Discovery Procedure Confidentiality of Documents Locus Standi Cession of Debt

Case Brief

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Parties

Vicky Waldeck N.O

Applicant

Rudolf Waldeck N.O

Applicant

Erika Bester N.O

Applicant

Vicky Waldeck

Applicant

Rudolf Waldeck

Applicant

Erika Bester

Applicant

Land and Agricultural Development Bank of South Africa

Respondent

Procedural Posture

Civil Application / Application to Compel Discovery Under Rule 35(12) Prior to Trial

Legal Issues

  1. 1 Whether the applicants are entitled to discovery and copies of items 2-12 in Annexure F under Rule 35(12).
  2. 2 Whether the respondent may refuse discovery or copying on grounds of confidentiality or relevance.
  3. 3 Whether the documentation sought is relevant to the dispute and respondent's locus standi.

Ratio Decidendi

The court found that the respondent's reliance on confidentiality was not supported by sufficient factual detail and that any confidentiality was waived by permitting inspection of the documents. The documents referenced in the pleadings are relevant to the respondent's locus standi and must be disclosed to the applicants to enable them to plead and challenge the respondent's standing. The respondent's refusal to allow copying was unreasonable, especially as the applicants are not competitors and have undertaken not to disclose the documents to third parties. The court ordered discovery and copying of items 2-12 in Annexure F, subject to conditions restricting further dissemination, and...

Court Disposition

Application granted. Respondent ordered to provide copies of documents and pay costs on attorney and client scale.

Orders

  • The respondent is ordered to comply with the applicants' Rule 35(12) notice dated 14 January 2019, specifically items 2 to 12 of Annexure F.
  • The respondent must provide the applicants with copies of the complete documented list in the Rule 35(12) notice within 10 days of this order, upon payment of reasonable copying costs.