Wraypex Pty Ltd v Barnes and others
This case involved a prodigious damages claim based on alleged defamation by activists who were opposing a development. The company was unsuccessful in its claim against the activists. Given that the issue of costs was not decided in the main judgment, in a separate judgment on costs, it was found that, “Pla/intiff’s counsel likened the case to what is known in other jurisdictions as “SLAPP”. The acronym stands for Strategic Litigation Aimed against Public Participation. No instances of cases so described are to be found in local law report but the concept of vexatiousness corresponds very closely with the features of a “SLAPP” suit.
Court: North Gauteng High Court
Case Number or Citation: 30729/05, 30730/05, 32648/05, 32649/05
Date of judgement: 6 December 2010 and 9 February 2011
Judge/s: Sapire, J.
Type of application: Damages
Legislation considered: National Environmental Management Act, 1998
Also known as: Wraypex case
- Download this judgement in PDF
- Download the judgement on costs in PDF
- Summons, Particulars of Claim, and Defendant’s Plea: Barnes
- Summons, Particulars of Claim, and Defendant’s Plea: Essberger
- Summons, Particulars of Claim, and Defendant’s Plea: Duigan
- Summons, Particulars of Claim, and Defendant’s Plea: Gaylard
- Plaintiff’s Heads of Argument
- Defendants’ Heads of Argument
- Plaintiff’s Notice of Appeal
For media coverage of this case, see:
- Developers are “bullies”, The Citizen, 20 November 2010
- Activists get ‘Slapped’, The Mail & Guardian, 12 November 2010
- Golf estate developer sues opposing neighbours for defamation, IOL, 02 November 2010
- Judge lashes out at developer suing green lobbyists, The Mail & Guardian, 6 December 2010
- Hostile developer slapped down in court ruling, Cape Times, 7 December 2010
- Developer loses bid to sue activists for R170m, Business Day, 7 December 2010
- Judge gives developer R1m slap(p), The Mail & Guardian, 11 February 2011
- Developers warned on using courts to silence critics, Business Day, 18 February 2011