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My-China Discount Store (Pty) Ltd v Mosese and Others (076084/2023) [2024] ZAGPPHC 756 (24 July 2024)
The High Court set aside a Counterfeit Goods Act search-and-seizure warrant because the complaint affidavit did not support the trademark and copyright rights listed in the warrant.
Naidoo and Others v Kalianjee N.O and Others (20345/2014) [2015] ZASCA 102; [2015] 3 All SA 679 (SCA); 2016 (2) SA 451 (SCA) (29 June 2015)
The Supreme Court of Appeal upheld a s 69 Insolvency Act search-and-seizure warrant, finding no fatal defects, no abuse of process, and dismissed the appeal.
Imperial Crown Trading 289 (Pty) Ltd v Birch NO and Others (1338/2011) [2012] ZANCHC 55 (12 October 2012)
The application for leave to appeal was dismissed because the fifth and sixth respondents lacked locus standi to institute a private prosecution, making their request for a window period for further preservation of goods legally untenable. The preservation order issued in the main judgment could not serve as a vehicle for an Anton Pillar order. The court found no reasonable prospects that a Court of Appeal would reach a different conclusion regarding the wording of the search and seizure warrant, as the circumstances and scope of the alleged offences in Thint (Pty) Ltd v NDPP were not compara…
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