Pam Golding Properties (Pty) Ltd v Greef and Another (2018/17635) [2018] ZAGPJHC 140 (18 May 2018)

Pam Golding Properties (Pty) Ltd v Greef and Another (2018/17635) [2018] ZAGPJHC 140 (18 May 2018)

The court found that the first respondent was bound by the restraint of trade and confidentiality clauses in her employment contract with the applicant. The evidence established that the first respondent had access to and used the applicant's confidential information, including client lists and property details, for...

Source-derived case information.

Citation
[2018] ZAGPJHC 140
Parties
Applicant: Pam Golding Properties (Pty) Ltd; Respondent: Lynda Rose Greef; Respondent: Tyson Properties
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 May 2018
Case Number
2018/17635
Procedural Posture
Urgent Application / Final Interdict Application
Outcome
Application granted. Final interdict issued against the first respondent. Costs awarded to the applicant.
Judges
L Adams
Legal Topics
Restraint of Trade, Confidential Information, Final Interdict, Employment Contract, Proprietary Interest
Commercial and Corporate Civil Procedure Restraint of Trade Confidential Information Final Interdict Employment Contract Proprietary Interest

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Parties

Pam Golding Properties (Pty) Ltd

Applicant

Lynda Rose Greef

Respondent

Tyson Properties

Respondent

Procedural Posture

Urgent Application / Final Interdict Application

Legal Issues

  1. 1 Whether the restraint of trade and confidentiality clauses in the employment contract are enforceable against the first respondent.
  2. 2 Whether the first respondent breached the restraint of trade and confidentiality clauses by using the applicant's confidential information.
  3. 3 Whether the applicant has a proprietary interest worthy of protection.

Ratio Decidendi

The court found that the first respondent was bound by the restraint of trade and confidentiality clauses in her employment contract with the applicant. The evidence established that the first respondent had access to and used the applicant's confidential information, including client lists and property details, for the benefit of a competitor. The respondent's denial of the existence of the agreement was rejected as far-fetched, given the signed contract presented by the applicant. The court held that the applicant had a proprietary interest worthy of protection and that the restraint was reasonable in both duration (six months) and geographic scope (Bryanston area). The requirements for...

Court Disposition

Application granted. Final interdict issued against the first respondent. Costs awarded to the applicant.

Orders

  • This application is urgent.
  • The first respondent is interdicted and restrained from utilising and/or communicating to any other person or entity the applicant's confidential information and database, including property lists, details and portfolios, seller and buyer lists and details, property pricing and commission arrangements, and the...