Colgate-Palmolive (Pty) Ltd and Another v Bliss Brands (Pty) Ltd and Another (095598/2024) [2025] ZAGPJHC 38 (27 January 2025)

Colgate-Palmolive (Pty) Ltd and Another v Bliss Brands (Pty) Ltd and Another (095598/2024) [2025] ZAGPJHC 38 (27 January 2025)

The court found that leave to appeal should be granted to Bliss Brands because the same comparative test issue is already before the Supreme Court of Appeal (SCA) in related proceedings, and granting leave avoids further disputes over the scope of the December order. Leave to cross-appeal was granted to Colgate-Palmolive on the limitation of relief to ARB members, as this is an important issue for future guidance. Regarding the section 18(3) application, the court held that Colgate-Palmolive demonstrated exceptional circumstances due to the prolonged litigation, consistent adverse findings against Bliss, and the exploitation of Colgate's goodwill. The court found that Colgate would suffer...

Citation
[2025] ZAGPJHC 38
Parties
Applicant: Colgate-Palmolive (Pty) Ltd; Applicant: Colgate-Palmolive Company; Respondent: Bliss Brands (Pty) Ltd; Respondent: Advertising Regulatory Board NPC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 January 2025
Case Number
095598/2024
Procedural Posture
Leave to Appeal / Leave to Appeal, Cross Appeal, and Section 18(3) Application Following Contempt and Breach Proceedings
Outcome
Leave to appeal to the Supreme Court of Appeal is granted to Bliss Brands against the December 2024 order; leave to cross-appeal is granted to Colgate-Palmolive on the limitation of relief to ARB members; section 18(3) relief is granted to Colgate-Palmolive, preventing suspension of the December order pending...
Judges
N Manoim
Legal Topics
Advertising Regulation, Contempt of Court, Section 18 Application, Jurisdiction of Arb, Cross Appeal, Exceptional Circumstances
Commercial and Corporate Civil Procedure Advertising Regulation Contempt of Court Section 18 Application Jurisdiction of Arb Cross Appeal Exceptional Circumstances

Case Brief

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

Colgate-Palmolive (Pty) Ltd

Applicant

Colgate-Palmolive Company

Applicant

Bliss Brands (Pty) Ltd

Respondent

Advertising Regulatory Board NPC

Respondent

Procedural Posture

Leave to Appeal / Leave to Appeal, Cross Appeal, and Section 18(3) Application Following Contempt and Breach Proceedings

Legal Issues

  1. 1 Whether leave to appeal should be granted to Bliss Brands against the December 2024 order.
  2. 2 Whether Colgate-Palmolive should be granted leave to cross-appeal regarding the limitation of relief to ARB members.
  3. 3 Whether Colgate-Palmolive has established exceptional circumstances under section 18(3) of the Superior Courts Act to prevent suspension of the December order pending appeal.

Ratio Decidendi

The court found that leave to appeal should be granted to Bliss Brands because the same comparative test issue is already before the Supreme Court of Appeal (SCA) in related proceedings, and granting leave avoids further disputes over the scope of the December order. Leave to cross-appeal was granted to Colgate-Palmolive on the limitation of relief to ARB members, as this is an important issue for future guidance. Regarding the section 18(3) application, the court held that Colgate-Palmolive demonstrated exceptional circumstances due to the prolonged litigation, consistent adverse findings against Bliss, and the exploitation of Colgate's goodwill. The court found that Colgate would suffer...

Court Disposition

Leave to appeal to the Supreme Court of Appeal is granted to Bliss Brands against the December 2024 order; leave to cross-appeal is granted to Colgate-Palmolive on the limitation of relief to ARB members; section 18(3) relief is granted to Colgate-Palmolive, preventing suspension of the December order pending...

Orders

  • Leave to appeal to the Supreme Court of Appeal is granted to Bliss Brands against the whole of the order granted by Manoim J, dated 13 December 2024.
  • Costs of the Bliss application shall be costs in the appeal.