South Africa Case Law

Swanepoel v Depuy International Limited (20758/2013)

Swanepoel v Depuy International Limited (20758/2013) [2025] ZAWCHC 9 (21 January 2025)

Court

Western Cape High Court, Cape Town

Case number

20758/2013

Judge

Wille

The court found that the defendant, through its conduct in implementing the recall of the defective hip replacement system in South Africa, appointing local agents and attorneys, and accepting service of summons locally, submitted to the jurisdiction of the Western Cape High Court. The action has a real and substantial connection to the forum, as the alleged delict occurred within its territorial jurisdiction and the harm manifested locally. The court held that the attachment of property to found or confirm jurisdiction is no longer an absolute requirement where the summons was served locally…

Source excerpt

• Jurisdiction Over Foreign Defendant
• Submission To Jurisdiction
• Product Liability
• Attachment Of Property
• Development Of Common Law