Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others (16262/2019) [2021] ZAWCHC 133; [2021] 4 All SA 219 (WCC); 2022 (2) SA 237 (WCC) (21 July 2021)

Parties

Procedural Posture

Class Action Certification / Application for Certification and Interim Relief

Legal Issues

1. 1 Whether the requirements for certification of an opt-out class action are satisfied.
2. 2 Whether the claims of the class members share sufficient commonality of fact and law.
3. 3 Whether the applicants are suitable representatives for the class.

Ratio Decidendi

The court found that the requirements for certification of an opt-out class action were satisfied. The class was defined by objective criteria, the claims shared substantial commonality of fact and law, and the applicants were suitable representatives. The interests of justice favoured certification, given the large class size, small individual claims, and impracticality of individual litigation. The respondents' arguments regarding individualised factual determinations were rejected, as the core issues could be resolved collectively. The court granted interim relief based on undertakings by the respondents to desist from the alleged conduct pending final determination. LegalWise South...

Court Disposition

Class action certified; interim relief granted; joinder application by LegalWise refused; costs awarded to applicants.

Orders

• The application for admission as amicus curiae by the Payments Association of South Africa is granted, with no order as to costs.
• The application by LegalWise South Africa (Pty) Ltd to be joined as an applicant is refused; LegalWise to bear wasted costs.