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Fairbridges Wins Landmark Appeals
A full bench of five judges in the Supreme Court of Appeal has dismissed with costs the appeal brought by Oudekraal Estates to allow township development on its land, stretching along the Cape Peninsula Atlantic coastline from Camps Bay to Llandudno. This effectively saves this pristine ecologically sensitive area which is of great cultural and historic significance. Fairbridges has acted for the main respondent, the City of Cape Town, since this dispute erupted in 1996, twice succeeding in the Cape High Court, and twice in the Supreme Court of Appeal. The other respondents are the SA Heritage Resources Agency and SA National Parks. Without township rights, the possibility now arises for the land in question to be incorporated into the greater Table Mountain National Park, a World Heritage Site. Fairbridges has also won a significant victory in the Supreme Court of Appeal which upheld the judgment we obtained in the Cape High Court dismissing a claim of trade mark infringement on a range of sports shoes brought against our client by the international footwear giant Puma AG Rudolph Dassler. Acting Judge Ntsebeza gave judgment in our client's favour in the Cape High Court and Deputy President Appeal Judge Louis Harms with four other judges concurring delivered the judgment in the Supreme Court of Appeal. Some months ago Fairbridges also succeeded in the Supreme Court of Appeal when an appeal by the MEC for Education and the Head of the Department of Education in the Northern Cape Province was dismissed with costs. We had obtained judgment in favour of our clients, all publishers of educational books, in the Kimberley High Court. This judgment has since been reported in the All South African Law Reports. |
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