Brits and Another v AQS Liquid Transfer (Pty) Ltd (Leave to Appeal) (3128/2021) [2022] ZAMPMBHC 83 (27 April 2022)

Brits and Another v AQS Liquid Transfer (Pty) Ltd (Leave to Appeal) (3128/2021) [2022] ZAMPMBHC 83 (27 April 2022)

The court found that the applicants failed to satisfy the stringent test for leave to appeal under Section 17 of the Superior Courts Act, as there was no reasonable prospect that another court would reach a different conclusion. The court held that hearsay evidence was properly admitted in the contempt proceedings, as all statutory factors were considered and no material prejudice was shown by the applicants. The applicants' denials in their affidavits were found to be insufficiently specific and amounted to bold denials, failing to seriously dispute the respondent's allegations. The evidence sufficiently linked the applicants to the Domin8r Pumps brochure and trademark, justifying the...

Citation
[2022] ZAMPMBHC 83
Parties
Applicant: Donovan Brits; Applicant: DB Fluid Dynamix (Pty) Ltd; Respondent: AQS Liquid Transfer (Pty) Ltd
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
27 April 2022
Case Number
3128/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Contempt and Interdict Orders
Outcome
Application for leave to appeal dismissed with costs.
Judges
Greyling-Coetzer
Legal Topics
Contempt of Court, Copyright Infringement, Admission of Hearsay Evidence, Costs Award, Interdict, Leave to Appeal Test
Civil Procedure Intellectual Property Contempt of Court Copyright Infringement Admission of Hearsay Evidence Costs Award Interdict Leave to Appeal Test

Case Brief

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Parties

Donovan Brits

Applicant

DB Fluid Dynamix (Pty) Ltd

Applicant

AQS Liquid Transfer (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Contempt and Interdict Orders

Legal Issues

  1. 1 Whether the applicants satisfied the test for leave to appeal under Section 17 of the Superior Courts Act.
  2. 2 Whether the court erred in declaring the applicants in contempt of the Roelofse order.
  3. 3 Whether the court erred in granting an interdict under Section 24 of the Copyright Act 98 of 1978.

Ratio Decidendi

The court found that the applicants failed to satisfy the stringent test for leave to appeal under Section 17 of the Superior Courts Act, as there was no reasonable prospect that another court would reach a different conclusion. The court held that hearsay evidence was properly admitted in the contempt proceedings, as all statutory factors were considered and no material prejudice was shown by the applicants. The applicants' denials in their affidavits were found to be insufficiently specific and amounted to bold denials, failing to seriously dispute the respondent's allegations. The evidence sufficiently linked the applicants to the Domin8r Pumps brochure and trademark, justifying the...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.