Distell Ltd v Stellenfine Wines (Pty) Ltd and Another (10161/12) [2012] ZAWCHC 232 (5 December 2012)

Distell Ltd v Stellenfine Wines (Pty) Ltd and Another (10161/12) [2012] ZAWCHC 232 (5 December 2012)

Distell failed to establish, even on a prima facie basis, that Stellenfinewines contravened the Liquor Products Act. The applicant's case was speculative and unsupported by factual evidence, particularly regarding allegations of a cover-up. The relief sought was premised on a hypothetical future contravention, which courts do not generally remedy. The Department of Agriculture, Forestry and Fisheries had not completed its investigation, and Distell could have awaited its outcome. The interim order sought would merely confirm an existing statutory obligation, rendering the application unnecessary. Accordingly, Distell was not entitled to the interim relief sought.

Citation
[2012] ZAWCHC 232
Parties
Applicant: Distell Limited; Respondent: Stellenfine Wines (Pty) Limited; Respondent: Minister of Agriculture, Forestry & Fisheries
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
5 December 2012
Case Number
10161/12
Procedural Posture
Urgent Application / Application for Interim Interdict; Judgment on Merits
Outcome
Application dismissed with costs, including costs of the counter-application and costs of two Counsel where applicable.
Judges
Traverso
Legal Topics
Liquor Products Act, Interim Interdict, Compliance With Statutory Requirements, Expert Evidence, Costs Award
Commercial and Corporate Civil Procedure Liquor Products Act Interim Interdict Compliance With Statutory Requirements Expert Evidence Costs Award

Case Brief

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Parties

Distell Limited

Applicant

Stellenfine Wines (Pty) Limited

Respondent

Minister of Agriculture, Forestry & Fisheries

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict; Judgment on Merits

Legal Issues

  1. 1 Whether the Tell's product manufactured by Stellenfinewines complies with the Liquor Products Act.
  2. 2 Whether Distell is entitled to an interim interdict restraining Stellenfinewines from presenting Tell's as cider.
  3. 3 Whether the court should grant relief for a hypothetical or past contravention of the Act.

Ratio Decidendi

Distell failed to establish, even on a prima facie basis, that Stellenfinewines contravened the Liquor Products Act. The applicant's case was speculative and unsupported by factual evidence, particularly regarding allegations of a cover-up. The relief sought was premised on a hypothetical future contravention, which courts do not generally remedy. The Department of Agriculture, Forestry and Fisheries had not completed its investigation, and Distell could have awaited its outcome. The interim order sought would merely confirm an existing statutory obligation, rendering the application unnecessary. Accordingly, Distell was not entitled to the interim relief sought.

Court Disposition

Application dismissed with costs, including costs of the counter-application and costs of two Counsel where applicable.

Orders

  • The application is dismissed with costs, including the costs resulting from Distell's counter-application launched on 23 July 2012 to have the matter postponed to the semi-urgent Roll.
  • Costs of the application including the costs of two Counsel where the services of two Counsel were used.