The parties cited in the present matter were involved in a dispute about the use of a certain trademark. Both parties were manufacturers of confectionery. The Respondent had used a certain brand character as its trade mark overseas for many years. In 1993, it introduced its product to South Africa. At the same time, the Appellant devised a similar concept for the advertising and marketing of its own product. Alleging that the Appellant had copied its brand character, the Respondent referred a complaint to the Advertising Standards Authority of South Africa(hereafter referred to as ASA). The latter responded by declining to deal with the complaint on the basis that it was a matter involving trademark law and therefore fell within the primary jurisdiction of the civil courts. This caused the Respondent to apply to the courts for an order compelling the ASA to reconsider its stance and to rule upon the complaint. The Respondent's application was successful, leading to the present appeal.