Marcor Konstruksie Bk v Bocsh and Others (2679/2016) [2017] ZAFSHC 79 (8 June 2017)

Marcor Konstruksie Bk v Bocsh and Others (2679/2016) [2017] ZAFSHC 79 (8 June 2017)

The applicant failed to establish on the facts that the respondents unlawfully accessed or downloaded confidential information from its Pastel software. The prayers in the notice of motion were premised on speculation and lacked a factual foundation, as the applicant conceded uncertainty regarding whether any download occurred. The respondents' version, supported by correspondence and affidavit, was that no confidential information was obtained and that their engagement was limited to verifying the use of their own software. The applicant did not demonstrate the absence of alternative remedies, as it could have sought a declaration or assurance through attorneys. There were no genuine...

Citation
[2017] ZAFSHC 79
Parties
Applicant: Marcor Konstruksie BK; Respondent: Mylene Bocsh; Respondent: Annalien Bakker; Respondent: ICALC Training Academy (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 June 2017
Case Number
2679/2016
Procedural Posture
Urgent Application / Final Interdict Application
Outcome
Application dismissed with costs.
Judges
Mhlambi
Legal Topics
Final Interdict, Confidential Information, Unlawful Access, Alternative Remedy
Civil Procedure Commercial and Corporate Final Interdict Confidential Information Unlawful Access Alternative Remedy

Case Brief

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Parties

Marcor Konstruksie BK

Applicant

Mylene Bocsh

Respondent

Annalien Bakker

Respondent

ICALC Training Academy (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Final Interdict Application

Legal Issues

  1. 1 Whether the respondents unlawfully accessed and/or downloaded confidential information from the applicant's Pastel software on 1 June 2016.
  2. 2 Whether the applicant is entitled to a final interdict restraining the respondents from using such information.
  3. 3 Whether the applicant has established the absence of any other satisfactory remedy.

Ratio Decidendi

The applicant failed to establish on the facts that the respondents unlawfully accessed or downloaded confidential information from its Pastel software. The prayers in the notice of motion were premised on speculation and lacked a factual foundation, as the applicant conceded uncertainty regarding whether any download occurred. The respondents' version, supported by correspondence and affidavit, was that no confidential information was obtained and that their engagement was limited to verifying the use of their own software. The applicant did not demonstrate the absence of alternative remedies, as it could have sought a declaration or assurance through attorneys. There were no genuine...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.