Rosa's Heirs v Inhambane Sugar Estates Ltd 1905 TH 11 Referred to
455
Sonia (Pty) Ltd v Wheeler [1958] 2 All SA 38 (1958 (1) SA 555) (A)
Referred to
458
Spier Estate v Die Bergkelder Bpk and another 1988 (1) SA 94 (C)
Referred to
455
Steytler NO v Fitzgerald 1911 AD 295 Referred to
453
Vagar (t/a Rajshree Release) v Transavalon (Pty) Ltd (t/a Avalon Cinema)
1977 (3) SA 766 (W) Followed
456
Veneta Mineraria Spa v Carolina Collieries (Pty) Ltd in liquidation) [1987] 2
All SA 447 (1987 (4) SA 883) (A) Referred to
454
Victoria's Secret Inc v Edgars Stores Ltd [1994] 4 All SA 307
(1994 (3) SA 739) (A) Referred to
456
Page 452 of [2011] 1 All SA 449 (SCA)
Welgemoed and another NNO v The Master and another [1976] 1 All SA
504 (1976 (1) SA 513) (T) Referred to
Australia
455
Norbert Steinhardt and Sons Ltd v Meth [1961] HCA 33 Referred to
456
Potter v Broken Hill Pty Company Ltd [1906] HCA 88 Referred to
457
Tyburn Productions v Conan Doyle (1990) 19 IPR 455 Referred to
457
Canada
Society of Composers, Authors and Music Publishers of Canada v Canadian
Association of Internet Providers [2004] 2 SCR 427 Referred to
New Zealand
456
Atkinson Footwear Ltd v Hodgskin International Services Limited (1994) 31
IPR 186 Referred to
457
KK Sony Computer Entertainment v Van Veen (2006) 71 IPR 179
Referred to
457
United Kingdom
British South Africa v Companhia de Moçambique [1893] AC 602
Referred to
458
Coin Controls v Suzo International [1999] Ch 33 Referred to
458
Hesperides Hotels v Aegean Turkish Holidays [1979] AC 508 Referred to
458
Lucasfilm Ltd v Ainsworth [2009] EWCA Civ 1328 Referred to
454
Pearce v Ove Arup Partnership Ltd [1999] 1 All ER 769 Referred to
457
Plastus Kreativ v 3M [1995] RPC 438 447 Referred to
456
United States of America
Voda v Cordis Corporation 476 F.3d 887 Referred to
456
View Parallel Citation
Judgment
HARMS DP:
[1] This appeal relates to the jurisdiction of a high court to decide matters relating to foreign copyright. The issue
was raised by way of exception by the six defendants, the present respondents. The high court upheld the
exception, finding that a local court does not have jurisdiction. This court granted leave to appeal after leave
had been refused by the court of first instance (Makhanya J).
[2] The five plaintiffs (the appellants) issued summons against the defendants in the South Gauteng High Court.
They alleged that they were (by assignment or as original authors) the owners of copyright works consisting
of musical and literary works which make up a musical known as "Umoja". They further alleged that the