Rolfes PWM (Pty) Ltd v Golding (3579/2016) [2016] ZAGPPHC 115 (1 April 2016)

Rolfes PWM (Pty) Ltd v Golding (3579/2016) [2016] ZAGPPHC 115 (1 April 2016)

The court finds that exceptional circumstances exist due to the lengthy delay before a full bench appeal can be heard, which would render the restraint of trade order ineffective if suspended. The applicant would suffer irreparable harm if the order is not implemented immediately, as the respondent could approach its customers during the interim. The respondent's harm is quantifiable and can be remedied by damages if he succeeds on appeal. The tender offered by the respondent is insufficient, as it does not adequately protect the applicant's interests. The requirements of section 18 of the Superior Courts Act are met, and immediate implementation of the relevant paragraphs of the original...

Citation
[2016] ZAGPPHC 115
Parties
Applicant: Rolfes PWM (Pty) Ltd; Respondent: Robert William Golding
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 April 2016
Case Number
3579/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Immediate Implementation of Order
Outcome
Leave to appeal is granted to the Full Bench of the Gauteng Division. Immediate implementation of paragraphs 2 and 3 of the original order is ordered, and costs are allocated as specified.
Judges
C Pretorius
Legal Topics
Restraint of Trade, Section 18 Superior Courts Act, Exceptional Circumstances, Leave to Appeal, Urgent Interdict
Civil Procedure Commercial and Corporate Restraint of Trade Section 18 Superior Courts Act Exceptional Circumstances Leave to Appeal Urgent Interdict

Case Brief

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Parties

Rolfes PWM (Pty) Ltd

Applicant

Robert William Golding

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Immediate Implementation of Order

Legal Issues

  1. 1 Whether leave to appeal against the restraining order should be granted.
  2. 2 Whether paragraphs 2 and 3 of the original order should be implemented immediately pending appeal.
  3. 3 Whether exceptional circumstances exist justifying immediate implementation under section 18 of the Superior Courts Act.

Ratio Decidendi

The court finds that exceptional circumstances exist due to the lengthy delay before a full bench appeal can be heard, which would render the restraint of trade order ineffective if suspended. The applicant would suffer irreparable harm if the order is not implemented immediately, as the respondent could approach its customers during the interim. The respondent's harm is quantifiable and can be remedied by damages if he succeeds on appeal. The tender offered by the respondent is insufficient, as it does not adequately protect the applicant's interests. The requirements of section 18 of the Superior Courts Act are met, and immediate implementation of the relevant paragraphs of the original...

Court Disposition

Leave to appeal is granted to the Full Bench of the Gauteng Division. Immediate implementation of paragraphs 2 and 3 of the original order is ordered, and costs are allocated as specified.

Orders

  • Leave to appeal is granted to the Full Bench of the Gauteng Division.
  • Paragraphs 2 and 3 of the order dated 12 February 2016 are immediately implemented notwithstanding leave to appeal.