Oryx Oil South Africa (Pty) Ltd v Royale Gas (Pty) Ltd and Another (44830/12)
Oryx Oil South Africa (Pty) Ltd v Royale Gas (Pty) Ltd and Another (44830/12) [2015] ZAGPPHC 939 (15 December 2015)
The court held that the applicant's counter-application to vary the interlocutory order to compel was not out of time, as interlocutory orders may be varied before judgment without condonation. The applicant demonstrated good cause for variation by establishing the risk of competitive harm if distributor agreements were disclosed without confidentiality undertakings. The court found that the respondent did not dispute the applicant's allegations of harm and that a balancing of competing rights was required. The court exercised its discretion to allow controlled disclosure, requiring the respo…
Source excerpt
- Variation Of Interlocutory Order
- Confidentiality In Discovery
- Rule 35 Discovery
- Balancing Of Competing Rights