Grainco (Pty) Ltd v Van Der Merwe and Another (17437/2013) [2014] ZAWCHC 107

28th July 2014

Grainco (Pty) Ltd v Van Der Merwe and Another (17437/2013) [2014] ZAWCHC 107

Introduction

[1] The applicant (‘GrainCo’ or ‘New GrainCo’) seeks to restrain the first respondent (‘Van der Merwe’), the second respondent (‘Kitshoff’) and the third respondent (‘Perdigon’) from (I summarise) soliciting its customers, passing off Perdigon as being associated with GrainCo, unlawfully interfering in GrainCo’s contractual relations and publishing injurious falsehoods.

[2] The application was issued on 22 October 2013 in long form. The main founding affidavit ran to 63 pages plus 184 pages of annexures. The main answering affidavit, filed on 12 December 2013, was 150 pages plus 217 pages of annexures. On 19 February 2014 the applicant filed its replying affidavit, in the circumstances an admirably terse document of 32 pages plus a further 43 pages of annexures.

[3] The matter came before me on 18 June 2014. Mr AIS Redding SC, leading Mr T Dalrymple, appeared for GrainCo, and Mr J Newdigate SC, leading Mr HC van Rensburg, appeared for the respondents.