Southern Workwear (Pty) Ltd v Bristow (C1261/18) [2019] ZALCCT 30 (11 October 2019)

Southern Workwear (Pty) Ltd v Bristow (C1261/18) [2019] ZALCCT 30 (11 October 2019)

The respondent was subject to a court order restraining him from soliciting business from the applicant's customers and suppliers and from engaging in competing business during the restraint period. The evidence, including the respondent's email to Basson Workwear and the applicant's supporting affidavits, established that the respondent solicited business from the applicant's customer and suppliers in direct contravention of the order. The respondent's defence amounted to a bare denial and failed to address the specific allegations and documentary evidence. The court found, on a balance of probabilities, that the respondent was aware of the order and deliberately breached its terms....

Citation
[2019] ZALCCT 30
Parties
Applicant: Southern Workwear (Pty) Ltd; Respondent: Warwick Brett Bristow
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
11 October 2019
Case Number
C1261/18
Procedural Posture
Contempt Application / Judgment
Outcome
The respondent is declared to be in contempt of the court order dated 6 February 2019 and is ordered to pay the costs of the application.
Judges
H Rabkin-Naicker
Legal Topics
Contempt of Court, Restraint of Trade, Interdict, Declaratory Order
Labour Law Civil Procedure Contempt of Court Restraint of Trade Interdict Declaratory Order

Case Brief

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Parties

Southern Workwear (Pty) Ltd

Applicant

Warwick Brett Bristow

Respondent

Procedural Posture

Contempt Application / Judgment

Legal Issues

  1. 1 Whether the respondent breached the terms of the court order dated 6 February 2019 by soliciting business from the applicant's customers and suppliers during the restraint period.
  2. 2 Whether the respondent's conduct amounted to contempt of court.
  3. 3 Whether the applicant is entitled to a declaratory order and costs.

Ratio Decidendi

The respondent was subject to a court order restraining him from soliciting business from the applicant's customers and suppliers and from engaging in competing business during the restraint period. The evidence, including the respondent's email to Basson Workwear and the applicant's supporting affidavits, established that the respondent solicited business from the applicant's customer and suppliers in direct contravention of the order. The respondent's defence amounted to a bare denial and failed to address the specific allegations and documentary evidence. The court found, on a balance of probabilities, that the respondent was aware of the order and deliberately breached its terms....

Court Disposition

The respondent is declared to be in contempt of the court order dated 6 February 2019 and is ordered to pay the costs of the application.

Orders

  • The respondent is declared to be in contempt of the Court Order dated 6 February 2019 under case number C1261/2018.
  • The respondent is to pay the costs of this application.