South Africa Case Law

Pentagon Financial Solutions (Pretoria) (Pty) Ltd and Others v Pieter Willem Basson the Legare Business Trust and Others (13001/2021)

Pentagon Financial Solutions (Pretoria) (Pty) Ltd and Others v Pieter Willem Basson the Legare Business Trust and Others (13001/2021) [2023] ZAWCHC 122; [2023] 3 All SA 560 (WCC) (15 May 2023)

Court

Western Cape High Court, Cape Town

Case number

13001/2021

Judge

P. S. Van Zyl

The court held that the shareholders' 'book' is a discoverable document under Rule 35, as it exists in electronic form and is referenced in the affidavits, making it relevant to the proceedings. The applicants' confidentiality concerns can be addressed by appropriate undertakings and limited access. Documents relating to the winding-up of APS International must be produced, as the applicants referenced compliance with requirements in affidavits and failed to establish lack of relevance or possession. Exceptional circumstances exist to order discovery under Rule 35(13), given the applicants' c…

Source excerpt

• Discovery In Motion Proceedings
• Rule 35 Uniform Rules
• Confidentiality Orders
• Arbitration Award Challenge
• Shareholder Disputes

Competition Commission v South African Breweries Ltd and Others (134/CR/DEC07)

Competition Commission v South African Breweries Ltd and Others (134/CR/DEC07) [2010] ZACT 65; [2010] 2 CPLR 401 (CT) (15 October 2010)

Court

Competition Tribunal

Case number

134/CR/DEC07

Judges

Norman Manoim, Yasmin Carrim, Merle Holden

The Competition Tribunal ordered limited production of Metcash documents relevant to a price-discrimination dispute, while refusing broader and more intrusive requests.

• Price Discrimination
• Dominant Firm Conduct
• Equivalence Of Transactions
• Production Of Documents
• Confidentiality Orders
• Competition-law