Case date 2022-03-22
Case type Injunctions
Practice area Litigation
Business rescue proceedings concerning one of the largest coal producers in South Africa employing, hundreds of employees. Legal principles in applications to vary interlocutory injunctions and fortification of cross-undertaking for damages. Test for awarding security for costs and calculating the quantum of security for costs if there is a prospect the security will be enforced by relitigating the dispute in a foreign jurisdiction.
The Supreme Court explained the principles to be applied when granting interlocutory injunctions, fortifying cross-undertakings for damages and security for costs. The Court rejected the application to vary the injunction and seek fortification of the cross-undertaking as to damages and granted security for costs.