Hushon S A (Proprietary) Limited v Pictech (Proprietary) Limited and Others (Pty) [1997] ZASCA 37; [1997] 2 All SA 672 (A) (9 May 1997)

Hushon S A (Proprietary) Limited v Pictech (Proprietary) Limited and Others (Pty) [1997] ZASCA 37; [1997] 2 All SA 672 (A) (9 May 1997)

The Supreme Court of Appeal found that the respondents had engaged in a conspiracy to injure Hushon by improper means, including soliciting key staff and undermining Hushon's reputation with its supplier, Century. However, the court rejected the appellant's claim that it would have achieved all sales made by CAC, noting that Hushon never secured a sole distributorship and faced significant financial and operational constraints. The court held that, although the exact loss could not be determined, Hushon did suffer damages as a result of the respondents' conduct. Applying the principle that damages may be estimated where precise calculation is impossible, the court awarded Hushon R175,000...

Citation
[1997] ZASCA 37
Parties
Appellant: Hushon S A (Proprietary) Limited; Respondent: Pictech (Proprietary) Limited; Respondent: Clint Huysemeyer; Respondent: K I C Limited; Respondent: Brian Danney; Respondent: Dave Woodman; Respondent: C A C (Proprietary) Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
9 May 1997
Case Number
418/95
Procedural Posture
Civil Appeal / Appeal From Absolution From the Instance in the Witwatersrand Local Division
Outcome
Appeal upheld. Judgment granted in favour of the appellant for damages and costs.
Judges
Nienaber, Schutz, Hefer, Zulman, Streicher
Legal Topics
Unlawful Competition, Conspiracy to Injure, Loss of Profit, Quantification of Damages, Joint and Several Liability
Commercial and Corporate Delict Unlawful Competition Conspiracy to Injure Loss of Profit Quantification of Damages Joint and Several Liability

Case Brief

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Parties

Hushon S A (Proprietary) Limited

Appellant

Pictech (Proprietary) Limited

Respondent

Clint Huysemeyer

Respondent

K I C Limited

Respondent

Brian Danney

Respondent

Dave Woodman

Respondent

C A C (Proprietary) Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Absolution From the Instance in the Witwatersrand Local Division

Legal Issues

  1. 1 Whether the respondents employed improper and unfair means in competing with the appellant.
  2. 2 Whether the appellant succeeded in proving a loss and the extent thereof.
  3. 3 Whether the appellant is entitled to damages based on the profits lost due to the respondents' conduct.

Ratio Decidendi

The Supreme Court of Appeal found that the respondents had engaged in a conspiracy to injure Hushon by improper means, including soliciting key staff and undermining Hushon's reputation with its supplier, Century. However, the court rejected the appellant's claim that it would have achieved all sales made by CAC, noting that Hushon never secured a sole distributorship and faced significant financial and operational constraints. The court held that, although the exact loss could not be determined, Hushon did suffer damages as a result of the respondents' conduct. Applying the principle that damages may be estimated where precise calculation is impossible, the court awarded Hushon R175,000...

Court Disposition

Appeal upheld. Judgment granted in favour of the appellant for damages and costs.

Orders

  • Condonation is granted for the late filing of the record, the appellant being liable for any extra costs occasioned thereby.
  • The appeal succeeds with costs, including the costs of two counsel.