Lepelle Industrial and Mining Suppliers CC v Streaks Ahead Investment (Pty) Ltd and Others (76409/14)
Lepelle Industrial and Mining Suppliers CC v Streaks Ahead Investment (Pty) Ltd and Others (76409/14) [2016] ZAGPPHC 1149 (24 November 2016)
The court found that the applicant had established a prima facie right to relief, as the respondents admitted to contraventions of the Petroleum Products Act and procedural irregularities in obtaining site and retail licences for Erf 3465. The applicant demonstrated ongoing and irreparable harm to its business due to unlawful competition. The balance of convenience favoured the applicant, as the respondents' operations were unlawful and the applicant faced the risk of closure. No adequate alternative remedy was available. The court distinguished the Ouderkraal principle, noting that interim r…
Source excerpt
- Interim Interdict
- Unlawful Competition
- Petroleum Products Act
- Site And Retail Licensing
- Environmental Authorisation
- Zoning And Town Planning