Yarona Healthcare Network (Pty) Ltd v Medshield Medical Scheme (1108/2016)
Yarona Healthcare Network (Pty) Ltd v Medshield Medical Scheme (1108/2016) [2017] ZASCA 116; [2017] 4 All SA 705 (SCA); 2018 (1) SA 513 (SCA) (22 September 2017)
The Supreme Court of Appeal held that Medshield's payments to Yarona were recoverable under the condictio indebiti, even though Medshield failed to prove excusable error for most payments. The court extended the exception to the excusability requirement, holding that medical schemes, acting in a representative capacity for vulnerable members, should not be barred from recovery due to inexcusable slackness of office bearers. The court found that Medshield proved its impoverishment, as the payments were made without a valid contract and resulted in Yarona's unjustified enrichment. The defence o…
Source excerpt
- Condictio Indebiti
- Unjustified Enrichment
- Prescription
- Medical Schemes Act
- Excusable Error
- Impoverishment