American Natural Soda Ash Corporation and Another v Botswana Ash (Pty) Ltd and Others (CAC64/8/2006) [2007] ZACAC 2 (11 June 2007)

American Natural Soda Ash Corporation and Another v Botswana Ash (Pty) Ltd and Others (CAC64/8/2006) [2007] ZACAC 2 (11 June 2007)

The Court held that special leave to appeal should only be granted in exceptional circumstances, where the matter is of very great importance to the parties or the public. The applicants failed to demonstrate such circumstances. The side-switching argument did not fit the established jurisprudence, as the movement...

Source-derived case information.

Citation
[2007] ZACAC 2
Parties
Applicant: American Natural Soda Ash Corporation; Applicant: CHC Global (Pty) Ltd; Respondent: Botswana Ash (Pty) Ltd; Respondent: Chemserve Technical Products (Pty) Ltd; Respondent: Webber Wentzel Bowens; Respondent: The Competition Commission of South Africa
Court
Competition Appeal Court
Jurisdiction
South Africa
Judgment Date
11 June 2007
Case Number
CAC64/8/2006
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal After Dismissal of Appeal by Competition Appeal Court
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
Davis, Mailula, Patel
Legal Topics
Special Leave to Appeal, Confidential Information, Side Switching, Disqualification of Legal Team
Competition Law Civil Procedure Special Leave to Appeal Confidential Information Side Switching Disqualification of Legal Team

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

American Natural Soda Ash Corporation

Applicant

CHC Global (Pty) Ltd

Applicant

Botswana Ash (Pty) Ltd

Respondent

Chemserve Technical Products (Pty) Ltd

Respondent

Webber Wentzel Bowens

Respondent

The Competition Commission of South Africa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal After Dismissal of Appeal by Competition Appeal Court

Legal Issues

  1. 1 Whether special leave to appeal should be granted to the Supreme Court of Appeal from the Competition Appeal Court.
  2. 2 Whether the applicants established special circumstances justifying leave to appeal.
  3. 3 Whether the alleged side-switching and breach of confidence warranted disqualification of the first respondent and its legal team.

Ratio Decidendi

The Court held that special leave to appeal should only be granted in exceptional circumstances, where the matter is of very great importance to the parties or the public. The applicants failed to demonstrate such circumstances. The side-switching argument did not fit the established jurisprudence, as the movement was not between adversarial parties. The breach of confidence claim was unsupported by evidence; Mr Dingley denied possessing confidential information, and the affidavits did not establish any breach. The Plascon-Evans rule applied, and there was no reasonable prospect of success. The dispute did not raise any profound new question of law and was resolved on the facts....

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed.
  • Applicants are ordered to pay the costs, including costs of two counsel.