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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 857

Taskflow (Pty) Ltd v Aluxium (Pty) Ltd and Others (2021/40976)

Taskflow (Pty) Ltd v Aluxium (Pty) Ltd and Others (2021/40976) [2024] ZAGPPHC 857 (26 August 2024)

The court compelled discovery of software and source code in a copyright dispute, holding the requested materials relevant to the pleaded issues, subject to confidentiality.

  • Discovery Under Uniform Rules
  • Copyright Infringement
  • Confidentiality Undertaking
  • Adaptation And Reproduction Of Software
  • Rule-35-discovery
  • Software-source-code
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Labour Law [2023] ZAWCHC 159

Shoprite Checkers (Pty) Ltd v Kgatle and Another (4996 / 2023)

Shoprite Checkers (Pty) Ltd v Kgatle and Another (4996 / 2023) [2023] ZAWCHC 159; (2023) 44 ILJ 2564 (WCC) (4 July 2023)

The court enforced a restraint of trade and confidentiality undertaking against a former employee who moved to a direct competitor after promotion.

  • Restraint Of Trade
  • Confidentiality Undertaking
  • Public Policy Exception
  • Employment Contract
  • Balance Of Convenience
  • Restraint-of-trade
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Labour Law [2022] ZALCJHB 21

Titan Hospital and Retail Services CC t/a Titan Pos v God`s Power Chahuruvah and Others (J 105/2022)

Titan Hospital and Retail Services CC t/a Titan Pos v God`s Power Chahuruvah and Others (J 105/2022) [2022] ZALCJHB 21 (21 February 2022)

The Labour Court dismissed an urgent application to enforce restraint and confidentiality terms, holding it lacked jurisdiction over the unlawful competition claim and that the remaining issue had become moot.

  • Restraint Of Trade
  • Confidentiality Undertaking
  • Unlawful Competition
  • Jurisdiction Of Labour Court
  • Labour-court-jurisdiction
  • Unlawful-competition
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Labour Law [2016] ZALCJHB 545

TIBMS (Pty) Ltd t/a Halo Underground Lighting Solutions v Knight and Another (J2638/16)

TIBMS (Pty) Ltd t/a Halo Underground Lighting Solutions v Knight and Another (J2638/16) [2016] ZALCJHB 545 (23 December 2016)

The Labour Court dismissed an urgent application to enforce a restraint of trade, finding material disputes of fact about the agreement’s existence and authenticity.

  • Restraint Of Trade
  • Confidentiality Undertaking
  • Dispute Of Fact
  • Employment Contracts
  • Restraint-of-trade
  • Employment-contracts
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Commercial And Corporate [2015] ZAKZDHC 64

Super Group Trading (Pty) Ltd v Naidoo (12726/2014)

Super Group Trading (Pty) Ltd v Naidoo (12726/2014) [2015] ZAKZDHC 64 (25 August 2015)

The court dismissed an application to enforce a restraint of trade and confidentiality undertaking, finding no employment relationship with the competitor and no protectable customer interest.

  • Restraint Of Trade
  • Confidentiality Undertaking
  • Employment Contract
  • Unlawful Competition
  • Restraint-of-trade
  • Confidentiality-undertaking
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