Fisher and Others v Contribsystems Vertriebs GmbH (8948/2009) [2020] ZAKZDHC 4 (20 February 2020)

Fisher and Others v Contribsystems Vertriebs GmbH (8948/2009) [2020] ZAKZDHC 4 (20 February 2020)

The court found that there is no question of law or fact that can be conveniently decided separately from the other matters in the trial. The licensing agreement was concluded, but rights to manufacture only arose upon payment and purchase of seats, which did not occur. The plaintiff's claims in the action are not precluded by its conduct in the liquidation proceedings, as the relief sought is distinct and based on different agreements. The defences of estoppel raised by the applicants were found to be without merit, as there was no representation made by the plaintiff that could be relied upon to the defendants' prejudice. The application for separation of issues was dismissed as it...

Citation
[2020] ZAKZDHC 4
Parties
Applicant: Iain Richard Fisher; Applicant: Basfour 3519 (Pty) Limited; Applicant: Rosati Manufacturing CC; Respondent: Contribsystems Vertriebs GmbH
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
20 February 2020
Case Number
8948/2009
Procedural Posture
Civil Application / Application for Separation of Issues Under Rule 33(4)
Outcome
Application for separation of issues dismissed with costs.
Judges
Lopes
Legal Topics
Separation of Issues, Confidential Information, Licensing Agreement, Interdict, Damages Claim
Civil Procedure Commercial and Corporate Separation of Issues Confidential Information Licensing Agreement Interdict Damages Claim

Case Brief

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Parties

Iain Richard Fisher

Applicant

Basfour 3519 (Pty) Limited

Applicant

Rosati Manufacturing CC

Applicant

Contribsystems Vertriebs GmbH

Respondent

Procedural Posture

Civil Application / Application for Separation of Issues Under Rule 33(4)

Legal Issues

  1. 1 Whether the issues in the trial can be conveniently separated in terms of rule 33(4).
  2. 2 Whether the plaintiff's claims are precluded by its conduct in the liquidation proceedings.
  3. 3 Whether the licensing agreement granted the defendants a right to manufacture the seatboxes and seats.

Ratio Decidendi

The court found that there is no question of law or fact that can be conveniently decided separately from the other matters in the trial. The licensing agreement was concluded, but rights to manufacture only arose upon payment and purchase of seats, which did not occur. The plaintiff's claims in the action are not precluded by its conduct in the liquidation proceedings, as the relief sought is distinct and based on different agreements. The defences of estoppel raised by the applicants were found to be without merit, as there was no representation made by the plaintiff that could be relied upon to the defendants' prejudice. The application for separation of issues was dismissed as it...

Court Disposition

Application for separation of issues dismissed with costs.

Orders

  • The application for a separation of issues in terms of rule 33(4) of the Uniform rules of court is dismissed.
  • The second, third and fourth defendants (the applicants) are to pay the costs of the application, including those consequent upon the employment of senior counsel.