GMI Wins big (AGAIN) for Bonitas Medical Scheme
On 31 May 2018 The Supreme Court of Appeal (SCA) dismissed an appeal by Louis Pasteur Hospital Holdings (Pty) Ltd (“LPHH”), and upheld an order of the Gauteng Division of the High Court, Pretoria in terms of which LPHH had wrongfully retained certain funds advanced to it as security for its own loans by Bonitas Medical Fund.
At the center of the appeal was the right to the proceeds of two Sanlam investment policies erroneously paid to LPHH upon maturity and which LPHH retained notwithstanding the fact that it had no right to do so. LPHH (which conducts business as a health care provider) and was ordered to pay Bonitas the sum of R44 245 360, plus interest, which was capped at a further R44 245 360 due to the in duplum principle, together with punitive costs.
Bonitas was represented by M Maritz SC (with D van Zyl) as instructed by Gildenhuys Malatji Inc.
To read the full case follow the link below-