CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT 242/15
In the matter between:
MASSTORES (PTY) LIMITED Applicant
and
PICK N PAY RETAILERS (PTY) LIMITED First Respondent HYPROP INVESTMENTS LIMITED Second Respondent
DIRECTIONS DATED 9 MARCH 2016
The Chief Justice has issued the following further directions:
1. The application is set down for hearing on Tuesday, 30 August 2016 at 10h00.
2. The applicant must, on or before Thursday, 9 June 2016, file a paginated record in accordance with Rule 20(2) of this Court’s Rules, containing only those portions of the record that are strictly necessary for the determination of the issues.
3. Written argument, including argument on the merits of the appeal, must be lodged by―
a) the applicant, on or before Thursday, 23 June 2016; and b) the respondents, on or before Thursday, 30 June 2016.
4. The written argument must also include submissions on the following issues:
a) Is it a relevant factor, in deciding whether a delictual claim against a third party for interference with contractual relations may lie, that the contractual claim may be directly enforced between the contracting parties?
b) If it is, could the first respondent have enforced its contractual right in clause 10 of its lease agreement with the second respondent?
c) If it could not, what contractual term remained between the first and second respondent that was capable of being breached in delict by the applicant?
5. Further directions may be issued.
MS VISAGIE
SENIOR REGISTRAR’S CLERK CONSTITUTIONAL COURT
TO: CLIFFE DEKKER HOFMEYR INC Attorneys for the applicant
1 Protea place Sandown
JOHANNESBURG Tel: 011 562 1090 Fax: 011 562 1580 Ref: J Witts-Hewinson AND TO: NORTONS INC Attorneys for the First Respondent 135 Daisy Street
Sandton
JOHANNESBURG Tel: 011 666 7560 Fax: 086 600 5529 Ref: A Norton/J Walker AND TO: WALKERS INC
Attorneys for the Second Respondent 15th Floor, Pleinpark
Plein Street CAPE TOWN Tel: 021 464 1400 Fax: 021 462 2256
Email:[email protected] Ref: B van der Vyver/W36005
