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South Africa decisions
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Competition Commission and Another v SA Airlink (Pty) Ltd (CR280Feb18/SUB026Jun23) [2023] ZACT 37 (5 July 2023)
The Competition Tribunal partly set aside a summons for document production, finding some requested documents did not exist, others were already provided, and one request was irrelevant.
Pick n Pay Retailers v Gomwe and Another (44832.2019) [2021] ZAGPJHC 879 (10 November 2021)
The Commercial Court dismissed an application for further document production, finding the plaintiff had already disclosed all documents in its possession or control.
Zoned Earth Development Company (Pty) Ltd v ASAP Rentals CC t/a ASAP Properties (50763/2014) [2017] ZAGPPHC 182 (16 May 2017)
The High Court dismissed an application to strike out particulars of claim for non-production of Fidelity Fund Certificates, holding Uniform Rule 35(12) did not permit that relief.
Geosystems Africa (Pty) Limited v Leica Geosystems AG (019505) [2014] ZACT 76 (7 October 2014)
The Tribunal partly granted GSA’s discovery application, ordering Leica to provide an affidavit on one item, while dismissing the request for items 5 and 6.
Minister of Defence and Another v Phiri (A474/08) [2010] ZAGPJHC 119 (12 November 2010)
The court held that the appellants had complied with the High Court order to the extent possible, having provided all documents in their possession relevant to the respondent's request. The respondent failed to establish, on the papers, that additional documents existed or that the documents provided were incomplete. The court found no genuine dispute of fact as contemplated by the Plascon-Evans rule, as the respondent did not possess the requisite knowledge and failed to engage meaningfully with the facts. The principles governing discovery disputes applied mutatis mutandis, and the responde…
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