South Africa Case Law

Protege Partners LP and Others v Firstrand Bank Ltd and Others (2019/5883)

Protege Partners LP and Others v Firstrand Bank Ltd and Others (2019/5883) [2019] ZAGPJHC 222 (16 July 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2019/5883

Judge

C G Lamont

The court found that the agreement sought by the applicants was irrelevant to the urgent application, as the proceeds in question arose from a separate ARCIL transaction and not from the agreement. The applicants did not require the agreement to address the urgency of the application, nor did they seek its production at the relevant hearing. The court held that Rule 35(12) does not compel production of documents that are irrelevant to the issues before the court. The applicants' attempt to obtain the agreement for use in foreign proceedings did not render it relevant to the present matter. Co…

Source excerpt

• Rule 35 12 Document Production
• Relevance Of Evidence
• Onus Of Production
• Costs Order