Union-Swiss (Proprietary) Limited v Govender and Others (5903/2017)
Union-Swiss (Proprietary) Limited v Govender and Others (5903/2017) [2020] ZAKZDHC 30; 2021 (1) SA 578 (KZD) (7 August 2020)
The court held that while remote hearings are permissible under the Superior Courts Act and relevant directives, the Judge President's directive restricts civil trials during lockdown to those deemed urgent. The applicant failed to demonstrate sufficient urgency for its trial to proceed remotely, as the main prejudice claimed was delay, and the goods at issue had already been seized. The court found that the defendants' objections regarding fairness and logistics, though not entirely persuasive, were sufficient to tip the balance against imposing a remote trial without their consent. The guar…
Source excerpt
- Remote Hearing
- Trade Mark Infringement
- Counterfeit Goods Act
- Urgency In Civil Trials
- Constitutional Right To Fair Hearing