- Masstores (Pty) Limited v Pick n Pay Retailers (Pty) Limited (CCT242/15)  ZACC 420.42 MB
Summary: delict — unlawful interference with contractual relations — wrongfulness — contractual exclusivity — lease agreement — interdict requirements — third party interference — category of delictual interference — Aquilian liability
On appeal from the Supreme Court of Appeal (hearing an appeal from the High Court of South Africa, Gauteng Division, Pretoria) the following order is made:
1. Leave to appeal is granted.
2. The appeal succeeds and the orders of the High Court and Supreme Court of Appeal are set aside.
3. The High Court order is substituted with the following:
“The application is dismissed with costs, including the costs of two counsel.”
4. The respondent is ordered to pay the costs in this Court and the Supreme Court of Appeal, including the costs of two counsel.