ISDN Solutions (Pty) Ltd v CSDN Solutions CC and Others

• Jurisdiction: South Africa
• Judge: Farber AJ
• Judgment Date: 03 May 1996
• Citation: 1996 (4) SA 484 (W)
• Docket Number: 96/7345
• Hearing Date: 02 May 1996
• Counsel: J P Coetzee for the respondents (applicants in the present application). A R Gautschi (with him G de V Elliott) for the applicant (respondent in the present application).
• Court: Witwatersrand Local Division

Farber AJ:

This matter concerns a consideration of Uniform Rule of Court 6(12)(c).

The facts are briefly these.

On 2 April 1996 an order was granted against the respondents in an urgent application. The order reads as follows:

'1.

Pending the final determination of the main application hereinafter referred to, alternatively the final determination of an action to be instituted by the D applicant within such time as the above honourable Court may direct in which substantially the same relief sought in the main application is claimed:

1.1

Restraining the first, second and third respondents from disseminating injurious falsehoods of and concerning the applicant, and, in particular, averring that:

1.1.1

the applicant has ceased to exist and/or trade; E

1.1.2

the entire staff of the applicant will be operating from a new base.

1.2

Restraining the first, second and third respondents from using any F confidential information belonging to the applicant, more particularly, the following information:

1.2.1

the names and identities of the applicant's customers;

1.2.2

the telecommunication requirements of those customers;

1.2.3

G details of contracts between the applicant and its customers;

1.2.4

details of quotations and/or tenders furnished by the applicant to its existing customers or prospective customers;

1.2.5

details of methods of pricing.

1.3

Restraining the first, second and third respondents from contacting or communication with any of the applicant's existing and prospective H customers to whom the applicant has submitted written quotations, including but not limited to:

1.3.1

South African Police Services;

1.3.2

Standard Bank Financial Services (Pty) Ltd;

1.3.3

I Atlas Meats (Pty) Ltd;

1.3.4

Health Department of the State Government, Gauteng region;

1.3.5

Small Business Development Corporation.

2.

Directing the first, second and third respondents to furnish a list J

Farber AJ

of persons and entities (within 48 hours of the grant of this order) to which written communication substantially in the A terms contained in annexure "CS2" was addressed.

3.

Directing the first, second and third respondents to furnish the applicant with all information taken by the second and third respondents from the applicant's computer, in usable software format, within 48 hours of the B granting of this order.

4.

That the costs of this application be reserved.'

The notice of motion and supporting affidavits underlying the grant of the order were served on the respondents during the course of the...