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South Africa decisions
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Maviyo v Velocity Finance (RF) Limited (4424/2023) [2025] ZAECMKHC 52 (19 June 2025)
Leave to appeal was refused in a document-production dispute under rules 35(12) and 35(14), because relevance and appealability were not shown.
Fermoyle N.O v 10x Investments (Pty) Ltd and Others (2023/119339) [2025] ZAGPJHC 578 (10 June 2025)
The court referred a dispute over a living annuity beneficiary nomination to oral evidence, finding the papers insufficient to decide whether the nomination was valid.
Agardo Investments (Pty) Ltd v National Stokvel Association of South Africa (2023/034657) [2025] ZAGPJHC 552 (9 June 2025)
The applicant failed to prove the existence of a binding contract with NASASA. There was no evidence that NASASA accepted the engagement letter or agreed to its terms. The applicant's director, Mr Motlogeloa, was confirmed to be an employee of Old Mutual, and there was no proof that he acted on behalf of Agardo in dealings with NASASA. The WhatsApp communications did not support Agardo's claim of representation. Furthermore, the absence of Old Mutual as a party to the proceedings undermined the application. The court found the application to be speculative and lacking factual foundation, and…
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Howe v Platform 45 (Pty) Ltd (13158/2022) [2025] ZAGPJHC 409 (29 April 2025)
The High Court granted a partial Rule 35(7) discovery order in a contract valuation dispute, requiring production of valuation and financial documents but rejecting vague or overbroad requests.
Howell v Road Accident Fund (2019/28805) [2025] ZAGPJHC 401 (23 April 2025)
The High Court found the Road Accident Fund trial was not ready to proceed because discovery was incomplete and a disputed police statement required a trial within a trial.
Harding v Sweet Sensations 210 Pty Ltd t/a Moorgas & Sons and Another (1849/2024) [2025] ZAWCHC 163 (11 April 2025)
The court held that the applicant, as a 50% shareholder and director, is entitled to the documents referenced in the first respondent's particulars of claim under Rule 35(12). Annexures to pleadings are considered part of the pleadings and thus subject to discovery. The respondent's objections based on confidentiality and relevance were dismissed, as the statutory right to access company information under section 31(1)(b) of the Companies Act is unqualified and not dependent on the shareholder's involvement in daily operations. The court found that Rule 35(12) was the correct mechanism for th…
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Gemvest 45 (Pty) Ltd and Others v Nedbank Ltd (071639/2023) [2025] ZAGPPHC 337 (25 March 2025)
The High Court dismissed a rule 30A application to compel further discovery, holding the rule 35 requests were too broad and not required for pleading.
Supercart South Africa (Pty) Limited v Vanesco (Pty) Limited (46975/2018; 2021/30331) [2025] ZAGPJHC 324; [2025] 2 All SA 911 (GJ) (25 March 2025)
The High Court ordered further and better discovery in related design disputes, dismissed a strike-out application, granted condonation, and imposed a confidentiality regime.
E39 Dolphin Beach (Pty) Ltd and Another v Gnefkow and Others (15326/24) [2025] ZAWCHC 103 (12 March 2025)
The High Court dismissed an interlocutory application to compel document production under Rule 35(12), finding non-compliance with Rule 30A and no basis to order impossible production.
Commissioner for the South Revenue Service v Taxpayer BLW (VAT 22504) [2025] ZATC 10 (25 February 2025)
The court found that BLW had partially complied with its discovery obligations but had failed to discover all documents referenced in its pleadings, particularly those relating to export transactions and agency arrangements. BLW's objections to the procedure and timing of SARS's applications were dismissed as unfounded, given BLW's own actions and admissions regarding outstanding documents. The court held that the Tax Court Rules, supplemented by the Uniform Rules of Court where necessary, provide adequate mechanisms for discovery and enforcement of compliance. SARS's applications for discove…
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