Independent Newspapers Pty Ltd and Others v El page; In Re: El Page v East Cape Property Guide and Another (017913) [2014] ZACT 40; [2014] 1 CPLR 315 (CT) (31 March 2014)

Independent Newspapers Pty Ltd and Others v El page; In Re: El Page v East Cape Property Guide and Another (017913) [2014] ZACT 40; [2014] 1 CPLR 315 (CT) (31 March 2014)

The Tribunal found that the conduct complained of in the 2013 referral was substantially the same as that previously complained of in 2006 and 2007, and had ceased more than three years prior to the 2013 referral. Accordingly, the complaint was prescribed under section 67(1) of the Competition Act. Furthermore, the same respondents had already been cited and the complaint dismissed in previous proceedings, invoking the bar of res judicata under section 67(2). The founding affidavit was found to be incomprehensible and failed to disclose a cause of action. The Tribunal also considered public interest factors, noting Mr Page's repeated, unmeritorious complaints and the unnecessary costs...

Citation
[2014] ZACT 40
Parties
Applicant: Independent Newspapers Proprietary Limited; Applicant: Estates Agents Holding Company Gauteng (Proprietary) Limited; Applicant: PA Group; Applicant: Home Finder Johannesburg Proprietary Limited; Respondent: EL Page
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
31 March 2014
Case Number
017913
Procedural Posture
Dismissal Application / Order on Dismissal Application
Outcome
The dismissal application is granted and the complaint referral is dismissed.
Judges
Norman Manoim, Yasmin Carrim, Takalani Madima
Legal Topics
Prescription of Complaints, Res Judicata, Public Interest Dismissal, Complaint Referral, Costs Order
Competition Law Commercial and Corporate Prescription of Complaints Res Judicata Public Interest Dismissal Complaint Referral Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Independent Newspapers Proprietary Limited

Applicant

Estates Agents Holding Company Gauteng (Proprietary) Limited

Applicant

PA Group

Applicant

Home Finder Johannesburg Proprietary Limited

Applicant

EL Page

Respondent

Procedural Posture

Dismissal Application / Order on Dismissal Application

Legal Issues

  1. 1 Whether the complaint referral initiated by Mr Page in 2013 is prescribed under section 67(1) of the Competition Act.
  2. 2 Whether the complaint referral is barred by res judicata under section 67(2) of the Competition Act.
  3. 3 Whether the founding affidavit discloses a cause of action in law.

Ratio Decidendi

The Tribunal found that the conduct complained of in the 2013 referral was substantially the same as that previously complained of in 2006 and 2007, and had ceased more than three years prior to the 2013 referral. Accordingly, the complaint was prescribed under section 67(1) of the Competition Act. Furthermore, the same respondents had already been cited and the complaint dismissed in previous proceedings, invoking the bar of res judicata under section 67(2). The founding affidavit was found to be incomprehensible and failed to disclose a cause of action. The Tribunal also considered public interest factors, noting Mr Page's repeated, unmeritorious complaints and the unnecessary costs...

Court Disposition

The dismissal application is granted and the complaint referral is dismissed.

Orders

  • The dismissal application in case number 017193 is granted and the complaint referral under case number 017764 is dismissed.
  • The Respondent is liable to pay the costs of each of the Applicants on a party and party scale, including the costs of one counsel.