South Africa: Western Cape High Court, Cape Town

IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NUMBER: 22332/2010

DATE: 28 APRIL 2011

In the matter between:

RADIO RETAIL (PTY) LTD

RADIO RETAIL FOR SPAR (PTY) LTD

ZAPOP (PTY LTD

and

PRIMEDIA (PTY) LTD t/a PRIMEDIA INSTORE

JUDGMENT

Application for Leave to Appeal

HENNEY, AJ:

I will proceed ex tempore. I think it will be proper, firstly, to grant the order in terms of Rule 42, should the application for leave to appeal be granted and that it should form properly part of the court's finding. The intention of the court initially was to include this one Spar franchisee. Therefore, in terms of Rule 42(1)(b), in order to address this omission I rule that it be inserted in sub-paragraph 5.2 of the court's order and form part of the judgment handed down on 10 March 2011, and that 5.2 of paragraph 46 should read:

"Respondent is interdicted from unlawfully competing with the applicants by interfering with the contracted relationships between the applicants and the respective Spar franchisees, namely those set out in Annexure A attached to the notice of motion as amended to include Inzeleli Spar, Pavilion Spar, The Hill Spar, Vaughn Avelli Spare and also Edline One Stop Spar by soliciting any of these entities to breach or sever the agreements with the applicants."

Insofar as the application for leave to appeal is concerned, I am of the view that applicants in this application for leave to appeal, has made out a strong case. I am of the view that there is a great chance that another court might come, insofar as the issues raised, come to a different conclusion. Therefore, the application for leave to appeal against the judgment to the Supreme Court of Appeal is granted. The costs then for this application would then stand over as costs in the cause.

HENNEY, AJ