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Smith v Mountain Oaks Winery (Pty) Ltd and Another (1003/2018) [2019] ZASCA 123 (26 September 2019)
The Supreme Court of Appeal held that the respondents failed to prove injurious falsehood and set aside an interdict over a website statement about organic certification.
Mountain Oaks Winery (Pty) Ltd and Another v Smith and Another (20117/2017) [2018] ZAWCHC 69 (11 June 2018)
The court found that the statement published by the first respondent, that Mountain Oaks Winery was 'no longer organic', was factually incorrect and constituted a misrepresentation. The applicants had provided sufficient evidence of organic certification for their wines up to the 2010 vintage, and EU regulations did not render such wines non-organic after the regulatory change in 2012. The publication of the statement was injurious to the applicants' reputation and business interests, amounting to unlawful competition. The requirements for a final interdict were met: a clear right existed, in…
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