Impac Underwriting Managers (Pty) Ltd and Another v Du Plooy and Others (56401/2020) [2021] ZAGPPHC 597 (14 September 2021)

Impac Underwriting Managers (Pty) Ltd and Another v Du Plooy and Others (56401/2020) [2021] ZAGPPHC 597 (14 September 2021)

The court found that the applicants failed to establish that the information relied upon was secret and confidential. The revenue-based crop insurance product and related methodologies are standard in the industry and have existed for years, both internationally and locally. The applicants' claims regarding proprietary information were not supported by the evidence, and the relief sought against King Price Insurance Company Ltd was legally unsustainable, as King Price is a competitor of Bryte, not Impac. The attempted amendment of the relief at the end of the hearing was refused due to prejudice to the respondents. The applicants' conduct, including defamatory and vexatious allegations...

Citation
[2021] ZAGPPHC 597
Parties
Applicant: Impac Underwriting Managers (Pty) Ltd; Applicant: Impac Cropsure (Pty) Ltd; Respondent: Willem Hendrik Frederik du Plooy; Respondent: Chanel Celeste de la Roche-Viviers; Respondent: Wihan Groenewald; Respondent: Oopkop Proprietary Limited; Respondent: WWJ Agri (Pty) Ltd; Respondent: King Price Insurance Company Ltd; Respondent: The Financial Services Conduct Authority; Respondent: Acua Makelaars; Respondent: Agriinvest (Pty) Ltd; Respondent: Certisure Brokers (Pty) Ltd; Respondent: Finco Finance (Pty) Ltd; Respondent: First National Bank Ltd; Respondent: Forrest Fantasy Trading 76 CC; Respondent: IP Makelaars; Respondent: OVK Makelaars; Respondent: Platinum Agri; Respondent: Price Forbes (Pty) Ltd; Respondent: Riggsure Brokers; Respondent: RSFM Agri & Commercial; Respondent: Standard Bank Ltd; Respondent: Suidwes Makelaars; Respondent: Tharsei Brokers; Respondent: TWK Agri (Pty) Ltd; Respondent: Unigro Insurance Brokers; Respondent: VKB Brokers (Pty) Ltd; Respondent: Johan Georg Meyer du Plooy; Respondent: Petrus Hendrik Taljaard; Respondent: Schalkwyk van der Merwe; Respondent: Pieter Hendrik Faure; Respondent: Gideon Galloway; Respondent: Gauche Radley; Respondent: Charmaine Louise Smith; Respondent: Lambertus Johannes van der Nest; Respondent: Nicolaas Jacobus Viviers; Respondent: Rhett James Pearson Finch
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 September 2021
Case Number
56401/2020
Procedural Posture
Urgent Application / Interim Interdict Application Prior to Final Relief Action
Outcome
Application dismissed with costs, including punitive costs against the applicants.
Judges
N Janse Van Nieuwenhuizen
Legal Topics
Confidential Information, Interim Interdict, Unlawful Competition, Trade Secrets, Insurance Regulation
Commercial and Corporate Civil Procedure Confidential Information Interim Interdict Unlawful Competition Trade Secrets Insurance Regulation

Case Brief

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Parties

Impac Underwriting Managers (Pty) Ltd

Applicant

Impac Cropsure (Pty) Ltd

Applicant

Willem Hendrik Frederik du Plooy

Respondent

Chanel Celeste de la Roche-Viviers

Respondent

Wihan Groenewald

Respondent

Oopkop Proprietary Limited

Respondent

WWJ Agri (Pty) Ltd

Respondent

King Price Insurance Company Ltd

Respondent

The Financial Services Conduct Authority

Respondent

Acua Makelaars

Respondent

Agriinvest (Pty) Ltd

Respondent

Certisure Brokers (Pty) Ltd

Respondent

Finco Finance (Pty) Ltd

Respondent

First National Bank Ltd

Respondent

Forrest Fantasy Trading 76 CC

Respondent

IP Makelaars

Respondent

OVK Makelaars

Respondent

Platinum Agri

Respondent

Price Forbes (Pty) Ltd

Respondent

Riggsure Brokers

Respondent

RSFM Agri & Commercial

Respondent

Standard Bank Ltd

Respondent

Suidwes Makelaars

Respondent

Tharsei Brokers

Respondent

TWK Agri (Pty) Ltd

Respondent

Unigro Insurance Brokers

Respondent

VKB Brokers (Pty) Ltd

Respondent

Johan Georg Meyer du Plooy

Respondent

Petrus Hendrik Taljaard

Respondent

Schalkwyk van der Merwe

Respondent

Pieter Hendrik Faure

Respondent

Gideon Galloway

Respondent

Gauche Radley

Respondent

Charmaine Louise Smith

Respondent

Lambertus Johannes van der Nest

Respondent

Nicolaas Jacobus Viviers

Respondent

Rhett James Pearson Finch

Respondent

Procedural Posture

Urgent Application / Interim Interdict Application Prior to Final Relief Action

Legal Issues

  1. 1 Whether the applicants are entitled to an interim interdict restraining the first to seventh respondents from using confidential information pending final relief.
  2. 2 Whether the information relied upon by the applicants constitutes protectable trade secrets or confidential information.
  3. 3 Whether the respondents are competitors of the applicants and whether their conduct amounts to unlawful competition.

Ratio Decidendi

The court found that the applicants failed to establish that the information relied upon was secret and confidential. The revenue-based crop insurance product and related methodologies are standard in the industry and have existed for years, both internationally and locally. The applicants' claims regarding proprietary information were not supported by the evidence, and the relief sought against King Price Insurance Company Ltd was legally unsustainable, as King Price is a competitor of Bryte, not Impac. The attempted amendment of the relief at the end of the hearing was refused due to prejudice to the respondents. The applicants' conduct, including defamatory and vexatious allegations...

Court Disposition

Application dismissed with costs, including punitive costs against the applicants.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the first to sixth respondents' costs, including the costs of two counsel.