Moto Health Care Medical Scheme v HMI Healthcare Corporation (Pty) Ltd and Others (341/18) [2019] ZASCA 87 (31 May 2019)

Declaratory relief – whether condonation by liquidators of
company of non-compliance with written notice of civil action under s359(2)(a) of the Companies Act 61 of 1973 and prescription properly the
subject of a declaratory order – party not entitled to claim declaration of rights
merely because rights disputed – case not a proper one for the exercise of
discretion to grant declaratory relief – delivery of heads of argument after hearing of appeal – abuse of court process.