Nu-World Industries (Pty) Ltd v Strix Limited (95/4779) [2018] ZAGPPHC 837 (31 October 2018)

Nu-World Industries (Pty) Ltd v Strix Limited (95/4779) [2018] ZAGPPHC 837 (31 October 2018)

The court found that, although the order permitting amendment of the respondent's declaration is interlocutory and not final, there are reasonable prospects that another court may reach a different conclusion regarding its appealability and the scope of the damages inquiry. The interests of justice require that leave to appeal be granted, as the amendment may not be part of the original cause of action and could introduce a new merits dispute. The court did not resolve the substantive questions regarding the interpretation of the Supreme Court of Appeal's order but determined that these issues warrant consideration by a higher court.

Citation
[2018] ZAGPPHC 837
Parties
Applicant: Nu-World Industries (Pty) Ltd; Respondent: Strix Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 October 2018
Case Number
95/4779
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Interlocutory Order
Outcome
Leave to appeal granted to the Supreme Court of Appeal against the whole of the judgment and order of Matojane J handed down on 23 April 2018.
Judges
D S Fourie
Legal Topics
Patent Infringement, Interlocutory Orders, Leave to Appeal, Damages Inquiry
Intellectual Property Civil Procedure Patent Infringement Interlocutory Orders Leave to Appeal Damages Inquiry

Case Brief

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Parties

Nu-World Industries (Pty) Ltd

Applicant

Strix Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Interlocutory Order

Legal Issues

  1. 1 Whether the order permitting amendment of the respondent's declaration is appealable.
  2. 2 Whether the damages inquiry may be expanded to include other controls not previously found to infringe.
  3. 3 Whether the interests of justice warrant granting leave to appeal against an interlocutory order.

Ratio Decidendi

The court found that, although the order permitting amendment of the respondent's declaration is interlocutory and not final, there are reasonable prospects that another court may reach a different conclusion regarding its appealability and the scope of the damages inquiry. The interests of justice require that leave to appeal be granted, as the amendment may not be part of the original cause of action and could introduce a new merits dispute. The court did not resolve the substantive questions regarding the interpretation of the Supreme Court of Appeal's order but determined that these issues warrant consideration by a higher court.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal against the whole of the judgment and order of Matojane J handed down on 23 April 2018.

Orders

  • The applicant is granted leave to appeal to the Supreme Court of Appeal against the whole of the judgment and order of Matojane J handed down on 23 April 2018.
  • Costs of this application will be costs in the appeal.