Sapphire Corporate Solutions (Pty) Ltd v Buchanan and Another (1348/2020) [2020] ZAFSHC 215 (17 September 2020)

Sapphire Corporate Solutions (Pty) Ltd v Buchanan and Another (1348/2020) [2020] ZAFSHC 215 (17 September 2020)

The court found no evidence that the first respondent was employed by the second respondent or that she disclosed confidential information to them. The applicant was aware of the lack of employment relationship prior to launching the application, and the first respondent had committed to comply with the restraint and intended to relocate. The information allegedly leaked was not shown to be proprietary or exclusive, and there was no evidence of solicitation of customers or unlawful competition. The relief sought was inappropriate as confidentiality, if lost, could not be restored, and an interdict would serve no practical purpose. The applicant persisted with litigation despite clear...

Citation
[2020] ZAFSHC 215
Parties
Applicant: Sapphire Corporate Solutions (Pty) Ltd; Respondent: Krystal Carmen Buchanan; Respondent: Workhorse Workwear (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 September 2020
Case Number
1348/2020
Procedural Posture
Urgent Application / Opposed Motion for Interdict and Enforcement of Restraint of Trade/confidentiality Agreements
Outcome
Application dismissed with costs on attorney and client scale.
Judges
M.A. Mathebula
Legal Topics
Restraint of Trade, Confidential Information, Unlawful Competition, Interdict, Employment Agreement
Commercial and Corporate Civil Procedure Restraint of Trade Confidential Information Unlawful Competition Interdict Employment Agreement

Case Brief

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Parties

Sapphire Corporate Solutions (Pty) Ltd

Applicant

Krystal Carmen Buchanan

Respondent

Workhorse Workwear (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Opposed Motion for Interdict and Enforcement of Restraint of Trade/confidentiality Agreements

Legal Issues

  1. 1 Whether the first respondent breached the restraint of trade and confidentiality agreements with the applicant.
  2. 2 Whether the second respondent engaged in unlawful competition by using the applicant's confidential information.
  3. 3 Whether the applicant is entitled to an interdict against either respondent.

Ratio Decidendi

The court found no evidence that the first respondent was employed by the second respondent or that she disclosed confidential information to them. The applicant was aware of the lack of employment relationship prior to launching the application, and the first respondent had committed to comply with the restraint and intended to relocate. The information allegedly leaked was not shown to be proprietary or exclusive, and there was no evidence of solicitation of customers or unlawful competition. The relief sought was inappropriate as confidentiality, if lost, could not be restored, and an interdict would serve no practical purpose. The applicant persisted with litigation despite clear...

Court Disposition

Application dismissed with costs on attorney and client scale.

Orders

  • The application is dismissed.
  • The applicant must pay the costs of both respondents on an attorney and client scale.