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South Africa Judgment

North Gauteng High Court, Pretoria

Quill Associates (Pty) Ltd v Randfontein Local Municipality and Another (36264/2013; 36265/2013) [2015] ZAGPPHC 639 (15 September 2015)

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Professional case brief

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Source document

01

Holding and result

The court found that the original judgment was ambiguous regarding whether the awarded amounts covered both the period before and after summons. It was the court's intention that the amount of R750 000 per respondent should apply to both periods. Accordingly, the judgment was clarified and paragraphs 52.5 and 52.6 were amended to specify that the royalty and monthly licence fee awards relate to the period prior to summons as well as the period after summons. No order as to costs was made.

Court disposition

Application for clarification granted. Judgment amended to clarify that the awarded amounts relate to both the period prior to and after summons.

Orders

  • Paragraphs 52.5 and 52.6 of the judgment are amended to specify that the royalty and monthly licence fee awards relate to both the period prior to summons and the period after summons.
  • No order as to costs.

02

Material facts

Parties

Quill Associates (Pty) Ltd

Applicant Counsel: S.D. Wagener SC

Randfontein Local Municipality

Respondent Counsel: C. Georgiades

Westonaria Local Municipality

Respondent Counsel: C. Georgiades

Amounts and remedies

  • Royalty and Licence Fee Awarded to Plaintiff From First Respondent: ZAR 4,750,000
  • Royalty and Licence Fee Awarded to Plaintiff From Second Respondent: ZAR 4,750,000

03

Procedural history

  1. Posture

    Application for Clarification / Application in Terms of Rule 6(11) of the Uniform Rules of Court

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contended that the judgment or order was unclear as to whether the awarded amounts as a reasonable rate (R750 000 per respondent) pertained solely to the period before summons or also included the period after summons. The applicant sought clarification to ensure that the amounts covered both periods, as the claim was for infringement before and after summons.
Respondent
The application was unopposed. No arguments were advanced by the respondents.

05

Court’s reasoning

  1. 01

    Uniform Rules of Court, Rule 6(11)

    A court may clarify or amend its judgment or order to reflect its true intention where ambiguity exists.

  2. 02

    Copyright Act 98 of 1978

    Damages or royalties for copyright infringement may be awarded for both pre-summons and post-summons periods if the infringement continued.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the original judgment was ambiguous regarding whether the awarded amounts covered both the period before and after summons. It was the court's intention that the amount of R750 000 per respondent should apply to both periods. Accordingly, the judgment was clarified and paragraphs 52.5 and 52.6 were amended to specify that the royalty and monthly licence fee awards relate to the period prior to summons as well as the period after summons. No order as to costs was made.

Obiter and limits

  • The application for clarification was unopposed, which expedited the resolution of the ambiguity.
  • It is regrettable that the original judgment was not sufficiently clear, necessitating this application.

Court disposition

Application for clarification granted. Judgment amended to clarify that the awarded amounts relate to both the period prior to and after summons.

  • Paragraphs 52.5 and 52.6 of the judgment are amended to specify that the royalty and monthly licence fee awards relate to both the period prior to summons and the period after summons.
  • No order as to costs.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

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Source document

North Gauteng High Court, Pretoria

Judgment

[2015] ZAGPPHC 639

IN

THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

Case Number: 36264/2013 and 36265/2013

DATE: 15/9/2015

In the matter between:

QUILL ASSOCIATES (PTY) LTD

Applicant

and

RANDFONTEIN

LOCAL MUNICIPALITY

First Respondent

WESTONARIA

LOCAL MUNICIPALITY

Second Respondent

JUDGMENT: APPLICATION IN TERMS OF RULE 6(11)

POTTERILL J

[1] The applicant brought an application on notice in terms of Rule 6(11) of the Uniform Rules of Court.

[2] This application is unopposed.

[3] The applicant is applying that the judgment or order of the court be clarified as to whether the amounts awarded as a reasonable rate (being a global amount R750 000 per respondent) relates only to the period before summons or also relates to the period after summons.

[4] The plaintiff claimed for the period before summons (February 2013 - June 2013) as well as the period from June 2013 until the date that each of the respondents actually ceased to infringe on the plaintiff’s copyright i.e. the period after summons.

[5] The judgment as it stands is regrettably not suitably clarified, but was the intention to convey that the amount of R750 000 relates to the period before summons, as well as the period after summons.

[6] I accordingly make the following order:

6.1 Paragraphs 52.5 and 52.6 are amended or varied to read as follows:

“52.5 That the first defendant be ordered to pay to the plaintiff the amount of R4 750 000.00 as royalty as well as a monthly licence fee for the period prior to summons and the period after summons.

52.6 That the second defendant be ordered to pay the plaintiff the amount of R4 750 000.00 as royalty as well as a monthly licence fee for the period prior to summons and the period after summons.”

6.2 No order as to costs.

______

S.

POTTERILL

JUDGE

OF THE HIGH COURT

CASE NO: 36264/2013 and 36265/2013

HEARD ON: 11 September 2015

FOR THE APPLICANT: ADV. S.D. WAGENER SC

INSTRUCTED BY: A.L. Maree Incorporated

FOR THE 1st and 2nd RESPONDENTS: ADV. C.

GEORGIADES

INSTRUCTED BY: Matseke Attorneys

DATE OF JUDGMENT: 15 September 2015

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Uniform Rules of Court, Rule 6(11)

Legislation

Legislation referenced in the available case record.

Copyright Act 98 of 1978

Legislation

Legislation referenced in the available case record.

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