South Africa Case Law

Herps NO and Others v Ward and Others (10711/19)

Herps NO and Others v Ward and Others (10711/19) [2019] ZAGPPHC 64 (7 March 2019)

Court

North Gauteng High Court, Pretoria

Case number

10711/19

Judge

H J Fabricius

The court found that the applicants had established good faith and exceptional circumstances justifying the institution of proceedings without prior notice under section 165 of the Companies Act. Documentary evidence and communications supported the applicants' prima facie case that Neighbiz Holdings (Pty) Ltd is the proprietor of the copyright in the NEIGHBIZ Application, not the First Respondent. The requirements for an interim interdict were satisfied: the applicants demonstrated a prima facie right, a well-grounded apprehension of irreparable harm, no adequate alternative remedy, and a ba…

Source excerpt

• Leave To Institute Derivative Action
• Copyright Ownership
• Interim Interdict
• Companies Act Section 165
• Copyright Act Section 21

Herps N.O. and Others v Ward and Others (10711/19)

Herps N.O. and Others v Ward and Others (10711/19) [2019] ZAGPPHC 1102 (7 March 2019)

Court

North Gauteng High Court, Pretoria

Case number

10711/19

Judge

H.J Fabricius

The High Court granted minority shareholders leave to litigate for the company and issued interim interdicts to protect the NEIGHBIZ application pending trial.

• Derivative Action
• Interim Interdict
• Copyright Ownership
• Companies Act Section 165
• Balance Of Convenience
• Derivative-action

Premium Ideas (Pty) Ltd v Van der Helde

Premium Ideas (Pty) Ltd v Van der Helde [2011] ZAWCHC 296; ; 9970/11 (22 June 2011)

Court

Western Cape High Court, Cape Town

Case number

9970/11

Judge

Louw

Urgent application about a computer system dispute was referred to oral evidence. The court held the respondent need not keep working in the interim.

• Copyright Ownership
• Employment Vs Independent Contractor
• Specific Performance
• Handover Obligations
• Reasonable Notice Period
• Copyright-ownership

Sharemax Investments (Pty) Ltd v Basson and Another (27136/10)

Sharemax Investments (Pty) Ltd v Basson and Another (27136/10) [2010] ZAGPPHC 176 (4 June 2010)

Court

North Gauteng High Court, Pretoria

Case number

27136/10

Judge

Ebersohn

The High Court held that only specified documents and electronic files fell within an earlier ownership order and could be retained by Sharemax; the rest had to be returned.

• Execution Of Court Orders
• Copyright Ownership
• Attachment Of Documents
• Civil-procedure
• Copyright-ownership
• Attachment-of-documents

King v South African Weather Services (716/07)

King v South African Weather Services (716/07) [2008] ZASCA 143; 2008 BIP 330 (SCA) ; 2009 (3) SA 13 (SCA) ; [2009] 2 All SA 31 (SCA) (27 November 2008)

Court

Supreme Court of Appeal

Case number

716/07

Judges

Harms, Cloete, Cachalia, Leach, Griesel

The Supreme Court of Appeal held that copyright in the weather computer programs vested in the employer because they were created in the course of employment.

• Copyright Ownership
• Computer Programs
• Employment Contracts
• Work Made In Course Of Employment
• Copyright-ownership
• Computer-programs