Bruwer and Another v Pholosa Asset Management (Pty) Ltd and Another (A5002/08, A5003/08)
Bruwer and Another v Pholosa Asset Management (Pty) Ltd and Another (A5002/08, A5003/08) [2008] ZAGPHC 356 (18 November 2008)
The court found that the respondents failed to discharge the onus of proving the requirements for a final interdict. There was no direct or conclusive evidence that the appellants used or intended to use the respondents' confidential information or intellectual property. The fears and possibilities raised by the respondents amounted to speculation and did not constitute a reasonable apprehension of harm. The appellants were not bound by any restraint of trade, and the law permits them to use their skills and experience for their own benefit in competition with their former employers. The seco…
Source excerpt
- Final Interdict
- Confidential Information
- Intellectual Property Protection
- Restraint Of Trade
- Debt Collection Industry
- Reasonable Apprehension Of Harm