Firework 1475 (Pty) Ltd v Becker and Others (36830/2014) [2015] ZAGPJHC 90 (22 May 2015)

Firework 1475 (Pty) Ltd v Becker and Others (36830/2014) [2015] ZAGPJHC 90 (22 May 2015)

The court held that it was in the interests of justice to grant the applicant leave to file a supplementary affidavit and to allow the first and second respondents an opportunity to respond with their own supplementary affidavits. The application to recall the previous referral to oral evidence was postponed sine die, to be heard together with the main application once all relevant affidavits were before the court. The court reserved the question of costs to be determined at the main application, emphasizing that it would be inappropriate to deal with the recall application until all supplementary affidavits had been filed.

Citation
[2015] ZAGPJHC 90
Parties
Applicant: Firework 1475 (Pty) Ltd; Respondent: Becker, Clyde Johnathan; Respondent: Roux, Riaan Johannes; Respondent: Fire Brand Solutions (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 May 2015
Case Number
36830/2014
Procedural Posture
Civil Application / Interlocutory Application for Leave to File Supplementary Affidavits and Postponement of Recall Application
Outcome
Leave granted to file supplementary affidavits; recall application postponed sine die; costs reserved.
Judges
Francis
Legal Topics
Supplementary Affidavit, Referral to Oral Evidence, Employment Contract Dispute, Unlawful Competition
Civil Procedure Commercial and Corporate Supplementary Affidavit Referral to Oral Evidence Employment Contract Dispute Unlawful Competition

Case Brief

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Parties

Firework 1475 (Pty) Ltd

Applicant

Becker, Clyde Johnathan

Respondent

Roux, Riaan Johannes

Respondent

Fire Brand Solutions (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Interlocutory Application for Leave to File Supplementary Affidavits and Postponement of Recall Application

Legal Issues

  1. 1 Whether the applicant should be granted leave to file a supplementary affidavit.
  2. 2 Whether the first and second respondents should be granted leave to file supplementary affidavits in response.
  3. 3 Whether the application to recall the previous referral to oral evidence should be postponed pending further affidavits.

Ratio Decidendi

The court held that it was in the interests of justice to grant the applicant leave to file a supplementary affidavit and to allow the first and second respondents an opportunity to respond with their own supplementary affidavits. The application to recall the previous referral to oral evidence was postponed sine die, to be heard together with the main application once all relevant affidavits were before the court. The court reserved the question of costs to be determined at the main application, emphasizing that it would be inappropriate to deal with the recall application until all supplementary affidavits had been filed.

Court Disposition

Leave granted to file supplementary affidavits; recall application postponed sine die; costs reserved.

Orders

  • The application for leave to file a supplementary affidavit by Wayne Lawrence Hardie is granted.
  • The first and second respondents are granted leave to file their supplementary affidavits within five days of the date of this order in response to Hardie's supplementary affidavit.