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Emergency Care Training Association v/s Health Professions Council of South Africa & Others


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    664 of 10

    Decided On, 09 September 2011

    At, Supreme Court of Appeal of South Africa

    By, THE HONORABLE CLOETE
    By, THE HONORABLE SNYDERS
    By, THE HONORABLE SHONGWE
    By, THE HONORABLE SERITI & THE HONORABLE WALLIS JJA

    For the Appellants: D S Fourie SC Instructed by Hurter Spies Inc, Pretoria Rossouw Attorneys, Bloemfontein, Advocates. For the Respondents: M Chaskalson SC (with him Ms N J Jele) Instructed by Gildenhuys Lessing Malatji Inc, Pretoria Honey Attorneys, Bloemfontein, Advocates.



Judgment Text

On appeal from: North Gauteng High Court (Pretoria) (Kollapen J sitting as court of first instance):

The appeal is dismissed. The appellant is ordered to pay the respondents' costs including the costs of two counsel.

Judgment

CLOETE JA (SNYDERS, SHONGWE, SERITI and WALLIS JJA concurring):

[1] No decision was required by the court a quo as the undertakings given by some of the respondents in the answering affidavit rendered the relief sought unnecessary.

[2] A decision on the issues sought to be raised on appeal would have no practical effect or result.

[3] I would therefore exercise the discretion this court has in terms of s21A of the Supreme Court Act, 59 of 1959, in favour of dismissing the appeal.

[4] The appeal is dismissed. The app

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ellant is ordered to pay the respondents' costs including the costs of two counsel.
O R