IN THE HIGH COURT OF SOUTH AFRICA

In the matter between:

INVESTMENT BROKER CC
and

JUDGMENT

TRAVERSO. DJP:

"1. That the respondent be restrained and interdicted from in any way using or disclosing to any person any of the applicant's confidential information and more particularly the identity of any of the applicant's clients whose names appear on the applicant's client list, or its clients' database, or the identity of the contact person employed by those clients.

2.	Disclosing the details of the insurance policies held by any of the applicant's clients whose names appear on the applicants client list or database to any person.
3.	Disclosing the details of the applicant's client list or database or the contents thereof to any other person".

[2] It is common cause between the parties that the respondent was employed by the applicant in the insurance industry. It is common cause that she was retrenched and it is common cause that at one stage while she was on vacation she emailed the client list to her computer at home, according to her affidavits she did this because she had to service those clients while on holiday as the applicant did not have the infrastructure to do so. It is common cause that the client Jist was handed in as an Exhibit at the disciplinary hearing and clearly the applicant is not entitled to the return of that list.

[4] He also sought an undertaking that as regards the list which is in the possession of the Respondent's attorney, Mr Kulenkampff, he will only use the list for purposes of further steps that will be taken pursuant to the disciplinary enquiry.

[6] From this it follows that the applicant is not successful in the application and in the circumstances, subject to the

undertakings to which I have referred, the application is dismissed, with costs.
		TRAVERSO, D J P