M v Member of Executive Council for Health of Gauteng Provincial Government (38426/14) [2018] ZAGPJHC 538 (15 August 2018)

Superior Court Practice – Discovery and the production of
documents – Rule 35(3) of the Uniform Rules of Court – opposition to production of documents is not a challenge to entitlement to the production thereof, but rather to excuse the non-production thereof on the grounds that they cannot be found - a probability has not been shown to exist that the deponents to the respondents’ affidavits are either mistaken or false in their assertions that the required documents cannot be found - to order the production of the required documents would amount to a brutum fulmen.
Application dismissed.