South Africa Case Law

Joyco (Pty) Limited v WV Squared (Pty) Limited and Others (2024-137245)

Joyco (Pty) Limited v WV Squared (Pty) Limited and Others (2024-137245) [2025] ZAGPJHC 131 (21 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024-137245

Judge

Adams

The court found that Joyco failed to establish any protectable interest in confidential information or a corporate opportunity. The Caliburn B6000 vape and its manufacturer UWELL were not confidential, and Joyco had consciously decided not to pursue the white label business. The respondents were not subject to any restraint of trade and were entitled to compete. The applicant's business methods and customer information were not unique or confidential. Furthermore, the urgency relied upon by Joyco was self-created, as it delayed for several months before launching the application. Accordingly,…

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• Urgent Interdict
• Unlawful Competition
• Confidential Information
• Springboarding
• Corporate Opportunity
• Restraint Of Trade

Carrick Wealth (Pty) Ltd v Van Rensberg and Others (2024/073186)

Carrick Wealth (Pty) Ltd v Van Rensberg and Others (2024/073186) [2024] ZAGPJHC 811 (27 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/073186

Judge

S D J Wilson

The court enforced restraints of trade and confidentiality undertakings against former employees and restrained the competing company from using confidential information.

• Restraint Of Trade
• Confidential Information
• Enforceability Of Contractual Undertakings
• Springboarding
• Interdict
• Employment Exit Agreements

Network for Animals NPC and Another v Dewah and Others (2024/050757)

Network for Animals NPC and Another v Dewah and Others (2024/050757) [2024] ZAGPJHC 460 (16 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/050757

Judge

S D J Wilson

The applicants failed to meet the requirements for Anton Piller relief. While a prima facie cause of action was established based on Mr. Dewah's acknowledged breach of confidentiality, the evidence sought to be seized was not vital to the applicants' case, as the affidavits already provided sufficient grounds for interdictory relief. Furthermore, the applicants did not demonstrate a real and well-founded apprehension that the evidence would be hidden or destroyed; mere allegations of dishonesty and the respondent's foreign nationality were insufficient. The invasive nature of Anton Piller ord…

Source excerpt

• Anton Piller Orders
• Confidential Information
• Springboarding
• Interdictory Relief

Zenith Car Rental (Pty) Ltd v Apex Vehicle Rental (Pty) Ltd and Others (D10338/2023)

Zenith Car Rental (Pty) Ltd v Apex Vehicle Rental (Pty) Ltd and Others (D10338/2023) [2023] ZAKZDHC 76 (20 October 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D10338/2023

Judge

Harrison AJ

Urgent interdict dismissed for lack of jurisdiction and non-joinder of parties with a direct and substantial interest.

• Unlawful Competition
• Springboarding
• Jurisdiction
• Non Joinder
• Piercing Corporate Veil
• Urgent-interdict

Seddon's Refrigeration CC v Air Zero Industries (Pty) Ltd and Others (1215/2019)

Seddon's Refrigeration CC v Air Zero Industries (Pty) Ltd and Others (1215/2019) [2019] ZAECGHC 131 (10 December 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

1215/2019

Judge

M. S. Rugunanan

The High Court dismissed an exception to particulars of claim in a dispute over fiduciary duties, employee solicitation, and unlawful competition.

• Exception To Pleadings
• Fiduciary Duty
• Unlawful Competition
• Springboarding
• Breach Of Contract
• Solicitation Of Employees

Peter Cooper Estates CC t/a Harcourts v Havenga and Another (1673/2014)

Peter Cooper Estates CC t/a Harcourts v Havenga and Another (1673/2014) [2014] ZAECPEHC 55 (5 August 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1673/2014

Judge

RWN Brooks

The applicant failed to establish a clear right to the confidential information it sought to protect, as the properties were not subject to sole mandates and the relevant information was publicly accessible or legitimately available to the respondents. The applicant did not demonstrate that any injury had been committed or was reasonably apprehended, nor did it show that no satisfactory alternative remedy existed, as an action for damages remained available. The requirements for a final interdict were not met, and the application was dismissed. Costs, including wasted costs occasioned by the…

Source excerpt

• Restraint Of Trade
• Confidential Information
• Final Interdict
• Springboarding
• Trade Secrets
• Costs Orders

Gentech Engineering Plastic CC v Reddy and Others (2462/2008, 1422/2009)

Gentech Engineering Plastic CC v Reddy and Others (2462/2008, 1422/2009) [2011] ZAECPEHC 31 (15 June 2011)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2462/2008, 1422/2009

Judge

F Kroon

The court found that the respondents, having knowledge of the interdict order and its terms, deliberately and persistently breached its provisions by utilising Gentech's confidential information, designs, and pricing structures in competition with Gentech. The respondents' dealings with entities listed in annexure 'X', including indirect dealings and attempts to circumvent the order through intermediaries, constituted clear infractions. The respondents failed to discharge the evidentiary burden to show absence of wilfulness and mala fides, and their reliance on legal advice was either misplac…

Source excerpt

• Contempt Of Court
• Restraint Of Trade
• Unlawful Competition
• Confidential Information
• Fiduciary Duties
• Springboarding

Gentech Engineering Plastics CC v Reddy and Others (1419/08)

Gentech Engineering Plastics CC v Reddy and Others (1419/08) [2008] ZAECHC 128 (8 August 2008)

Court

High Courts - Eastern Cape

Case number

1419/08

Judge

Greenland A J

The court granted urgent interim restraint relief after finding former employees used confidential information to springboard a competing business.

• Restraint Of Trade
• Unlawful Competition
• Springboarding
• Interdict
• Reasonableness Of Restriction
• Restraint-of-trade