Nu Africa Duty Free Shops (Pty) Ltd v Distell Limited and related matters (CRP064Jun19) [2020] ZACT 77 (26 October 2020)

Nu Africa Duty Free Shops (Pty) Ltd v Distell Limited and related matters (CRP064Jun19) [2020] ZACT 77 (26 October 2020)

The Tribunal found that Nu Africa had not established sufficient grounds for compelling Distell Limited to provide further and better discovery in respect of the specified items. The documents sought were either not relevant or adequately addressed by previous disclosures. Conversely, Nu Africa voluntarily offered certain documents during the hearing, and the Tribunal ordered their production within specified timeframes. Distell's application for additional documents not offered by Nu Africa was dismissed, as the Tribunal was not satisfied of their necessity or relevance. Both parties were directed to comply with the existing timetable for witness statements and to make provision for...

Citation
[2020] ZACT 77
Parties
Applicant: Nu Africa Duty Free Shops (Pty) Ltd; Respondent: Distell Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
26 October 2020
Case Number
CRP064Jun19
Procedural Posture
Application to Compel / Order on Applications to Compel and Directions for Further Conduct
Outcome
Both applications to compel are dismissed except for the voluntary production of documents by Nu Africa. Directions are given for further conduct of proceedings.
Judges
Yasmin Carrim, Enver Daniels, Andiswa Ndoni
Legal Topics
Discovery, Confidentiality Undertakings, Expert Evidence, Witness Statements
Competition Law Civil Procedure Discovery Confidentiality Undertakings Expert Evidence Witness Statements

Case Brief

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Parties

Nu Africa Duty Free Shops (Pty) Ltd

Applicant

Distell Limited

Respondent

Procedural Posture

Application to Compel / Order on Applications to Compel and Directions for Further Conduct

Legal Issues

  1. 1 Whether Nu Africa is entitled to further and better discovery from Distell Limited.
  2. 2 Whether Distell Limited is entitled to further documents from Nu Africa beyond those offered during the hearing.
  3. 3 What directions should be given for the further conduct of proceedings, including witness statements and hearing dates.

Ratio Decidendi

The Tribunal found that Nu Africa had not established sufficient grounds for compelling Distell Limited to provide further and better discovery in respect of the specified items. The documents sought were either not relevant or adequately addressed by previous disclosures. Conversely, Nu Africa voluntarily offered certain documents during the hearing, and the Tribunal ordered their production within specified timeframes. Distell's application for additional documents not offered by Nu Africa was dismissed, as the Tribunal was not satisfied of their necessity or relevance. Both parties were directed to comply with the existing timetable for witness statements and to make provision for...

Court Disposition

Both applications to compel are dismissed except for the voluntary production of documents by Nu Africa. Directions are given for further conduct of proceedings.

Orders

  • Nu Africa’s application to compel further and better discovery is dismissed.
  • Nu Africa must provide Distell with the specified documents by the stated deadlines.