Zan Technologies CC and Another v Grey and Another (093403/2024) [2024] ZAGPJHC 884 (6 September 2024)

Zan Technologies CC and Another v Grey and Another (093403/2024) [2024] ZAGPJHC 884 (6 September 2024)

The applicants failed to establish, on the evidence, that the respondents breached the consent order or were in wilful contempt thereof. The communications relied upon were not shown to be solicitations or transactions with the applicants' customers, and two of the individuals in question disputed the allegations under oath. The respondents' explanation that the calls were personal was accepted, and there was no onus on them to disclose the content of those calls. The applicants' access to Grey's cell phone records was found to be unlawful under RICA. The application for contempt was dismissed, but the parties' agreement to amend the previous order was granted.

Citation
[2024] ZAGPJHC 884
Parties
Applicant: Zan Technologies CC; Applicant: Warren Pierson Massey; Respondent: Brandon David Grey; Respondent: Pressure and Gas Technologies (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 September 2024
Case Number
093403/2024
Procedural Posture
Urgent Application / Final Determination of Urgent Application for Amendment and Contempt Relief
Outcome
Application for contempt dismissed; amendment of previous order granted by agreement; costs awarded against applicants.
Judges
TP Mudau
Legal Topics
Urgent Interdict, Contempt of Court, Restraint of Trade, Amendment of Court Order
Civil Procedure Commercial and Corporate Urgent Interdict Contempt of Court Restraint of Trade Amendment of Court Order

Case Brief

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Parties

Zan Technologies CC

Applicant

Warren Pierson Massey

Applicant

Brandon David Grey

Respondent

Pressure and Gas Technologies (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Final Determination of Urgent Application for Amendment and Contempt Relief

Legal Issues

  1. 1 Whether the respondents breached the consent order by soliciting the applicants' customers.
  2. 2 Whether the respondents are in contempt of the consent order.
  3. 3 Whether the applicants are entitled to amendment of the previous court order.

Ratio Decidendi

The applicants failed to establish, on the evidence, that the respondents breached the consent order or were in wilful contempt thereof. The communications relied upon were not shown to be solicitations or transactions with the applicants' customers, and two of the individuals in question disputed the allegations under oath. The respondents' explanation that the calls were personal was accepted, and there was no onus on them to disclose the content of those calls. The applicants' access to Grey's cell phone records was found to be unlawful under RICA. The application for contempt was dismissed, but the parties' agreement to amend the previous order was granted.

Court Disposition

Application for contempt dismissed; amendment of previous order granted by agreement; costs awarded against applicants.

Orders

  • The order granted under case number 2024/059036 is amended in accordance with annexure 'ZT2' to the notice of motion.
  • The remainder of the application is dismissed with costs, including the costs of senior counsel on scale C.