Memory Institute SA CC t/a SA Memory Institute v Hansen and Others

The appellant, Memory Institute SA CC, brought an urgent ex parte application in the Orange Free State High Court seeking what it termed an Anton Piller order against Mr and Mrs Hansen, later extended to the du Plessis respondents. The order authorised the sheriff, accompanied by the appellant’s representative and attorney, to enter the respondents’ premises, seize goods (including a computer), and hand them to the appellant. The appellant alleged entitlement to the goods on the basis of ownership, copyright, and unfair competition. The respondents were in possession of the goods under an agreement with the appellant, which on the appellant’s own version appeared to be a partnership agreement. Van Coller J later discharged the rule nisi. The appellant appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

The case is a leading authority on the strict limits and proper execution of Anton Piller orders in South African law. It reinforces the principle that such orders are exceptional, aimed solely at preserving evidence, and must include stringent safeguards. The judgment also clarifies the evidentiary burden in copyright claims and warns against using unlawful competition as a catch-all remedy where established intellectual property rights do not exist.