Grand Gaming Gauteng (RF) (Pty) Ltd v Rezanne Bakkes (2022/5914) [2025] ZAGPJHC 530 (7 May 2025)

Grand Gaming Gauteng (RF) (Pty) Ltd v Rezanne Bakkes (2022/5914) [2025] ZAGPJHC 530 (7 May 2025)

The plaintiff failed to present evidence establishing that the defendant disclosed confidential information as pleaded in both claims. There was no documentary or testimonial evidence showing that Ms Bakkes communicated the specific contractual terms to competitors. Furthermore, the plaintiff did not provide any substantiation or underlying data for the quantum of damages claimed in either instance. The evidence led was insufficient for the court to find in favour of the plaintiff on any element of the claims. Accordingly, the application for absolution from the instance was granted, and the plaintiff was ordered to pay the defendant's costs.

Citation
[2025] ZAGPJHC 530
Parties
Plaintiff: Grand Gaming Gauteng (RF) (Pty) Ltd; Defendant: Rezanne Bakkes
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 May 2025
Case Number
2022/5914
Procedural Posture
Civil Trial / Application for Absolution From the Instance After Plaintiff Closed Its Case
Outcome
Absolution from the instance granted; plaintiff to pay defendant's costs.
Judges
S Yacoob
Legal Topics
Breach of Contract, Restraint of Trade, Absolution From the Instance, Quantification of Damages
Commercial and Corporate Civil Procedure Breach of Contract Restraint of Trade Absolution From the Instance Quantification of Damages

Case Brief

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Parties

Grand Gaming Gauteng (RF) (Pty) Ltd

Plaintiff

Rezanne Bakkes

Defendant

Procedural Posture

Civil Trial / Application for Absolution From the Instance After Plaintiff Closed Its Case

Legal Issues

  1. 1 Whether the defendant breached her employment contract and restraint clause by sharing confidential information with competitors.
  2. 2 Whether the plaintiff established a prima facie case on both claims sufficient to survive absolution from the instance.
  3. 3 Whether the plaintiff proved the quantum of damages allegedly suffered as a result of the defendant's conduct.

Ratio Decidendi

The plaintiff failed to present evidence establishing that the defendant disclosed confidential information as pleaded in both claims. There was no documentary or testimonial evidence showing that Ms Bakkes communicated the specific contractual terms to competitors. Furthermore, the plaintiff did not provide any substantiation or underlying data for the quantum of damages claimed in either instance. The evidence led was insufficient for the court to find in favour of the plaintiff on any element of the claims. Accordingly, the application for absolution from the instance was granted, and the plaintiff was ordered to pay the defendant's costs.

Court Disposition

Absolution from the instance granted; plaintiff to pay defendant's costs.

Orders

  • Absolution from the instance is granted.
  • The plaintiff is ordered to pay the defendant's costs.