Chen and Another v China Express SA (Pty) Ltd and Others (11821/07) [2008] ZAGPHC 348 (17 June 2008)

Chen and Another v China Express SA (Pty) Ltd and Others (11821/07) [2008] ZAGPHC 348 (17 June 2008)

The court found that the applicants had established a reasonable apprehension of injury, as the conduct of the respondents, particularly the third, fourth, and fifth respondents, indicated a likelihood of further publication or utterance of defamatory statements. The presence of media at the meeting, the nature of the discussions, and the respondents' actions supported the applicants' claim that their rights were at risk. The applicants had no alternative remedy, and the requirements for a final interdict were satisfied. The rule nisi was accordingly made final, with costs awarded against the respondents.

Citation
[2008] ZAGPHC 348
Parties
Applicant: Dong Chen; Applicant: Easydone Investments Consultants CC; Respondent: China Express SA (Pty) Ltd; Respondent: China News CC; Respondent: African Times (Pty) Ltd; Respondent: African Times Printing CC; Respondent: Mr Lin
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
17 June 2008
Case Number
11821/07
Procedural Posture
Urgent Application / Application for Final Interdict Following Rule Nisi
Outcome
The rule nisi is made final; costs awarded against the respondents jointly and severally.
Judges
S Potterill
Legal Topics
Final Interdict, Defamation, Reasonable Apprehension of Injury, Publication of Defamatory Statements
Civil Procedure Delict Final Interdict Defamation Reasonable Apprehension of Injury Publication of Defamatory Statements

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Parties

Dong Chen

Applicant

Easydone Investments Consultants CC

Applicant

China Express SA (Pty) Ltd

Respondent

China News CC

Respondent

African Times (Pty) Ltd

Respondent

African Times Printing CC

Respondent

Mr Lin

Respondent

Procedural Posture

Urgent Application / Application for Final Interdict Following Rule Nisi

Legal Issues

  1. 1 Whether the applicants have proved a well-grounded apprehension of injury justifying a final interdict against the respondents.
  2. 2 Whether the third, fourth, and fifth respondents threatened or are likely to publish or utter defamatory statements about the applicants.
  3. 3 Whether the applicants have any alternative remedy to protect their rights.

Ratio Decidendi

The court found that the applicants had established a reasonable apprehension of injury, as the conduct of the respondents, particularly the third, fourth, and fifth respondents, indicated a likelihood of further publication or utterance of defamatory statements. The presence of media at the meeting, the nature of the discussions, and the respondents' actions supported the applicants' claim that their rights were at risk. The applicants had no alternative remedy, and the requirements for a final interdict were satisfied. The rule nisi was accordingly made final, with costs awarded against the respondents.

Court Disposition

The rule nisi is made final; costs awarded against the respondents jointly and severally.

Orders

  • The rule nisi granted on 27 March 2008 is made final.
  • Costs are to be paid jointly and severally by the respondents.