South Africa Case Law

Department of Public Works and Roads, North-West v National Union of Public Service and Allied Workers Union (J1577/23)

Department of Public Works and Roads, North-West v National Union of Public Service and Allied Workers Union (J1577/23) [2024] ZALCJHB 99; [2024] 5 BLLR 492 (LC); (2024) 45 ILJ 1003 (LC) (12 February 2024)

Court

Labour Court Johannesburg

Case number

J1577/23

Judge

R Daniels

The Labour Court discharged an interim interdict against a union after finding no ongoing or future harm to justify final relief, and made no costs order.

• Interdict
• Strike Definition
• Jurisdiction Of Labour Court
• Costs In Labour Court
• Protected Strike
• Requirements For Final Interdict

Cipla Agrimed (Pty) Ltd v Merck Sharp Dohme Corporation and Others (972/2016)

Cipla Agrimed (Pty) Ltd v Merck Sharp Dohme Corporation and Others (972/2016) [2017] ZASCA 134; [2017] 4 All SA 605 (SCA); 2018 (6) SA 440 (SCA); 2017 BIP 14 (SCA) (29 September 2017)

Court

Supreme Court of Appeal

Case number

972/2016

Judges

Ponnan, Cachalia, Mathopo, Gorven, Rogers

The Supreme Court of Appeal held that the interim interdict granted by the Court of the Commissioner of Patents was not appealable. The order was interim both in form and substance, as it was susceptible to alteration by the court of first instance pending the final determination of the main action. The court found that it was not clear, at the time the interdict was granted, that a final decision on the res judicata point could not be obtained before the expiry of the patent. The court distinguished the present case from BHT Water Treatment, confining that approach to cases where it is clear…

Source excerpt

• Appealability Of Interlocutory Orders
• Patent Infringement
• Interim Interdict
• Res Judicata
• Requirements For Final Interdict