V & A Waterfront Properties (Pty) Ltd and Another v Helicopter & Marine Services (Pty) Ltd and Others

The first appellant, V & A Waterfront Properties (Pty) Ltd, through its managing agent, leased commercial premises at the Cape Town V&A Waterfront, including a helicopter landing site, to the first respondent, Helicopter & Marine Services (Pty) Ltd. The lease obliged the lessee to comply strictly with all applicable laws, regulations, and the rules of authorities such as the South African Civil Aviation Authority (CAA). In January 2004 the CAA issued a grounding order under the Aviation Act 74 of 1962 and Civil Aviation Regulations, prohibiting operation of a particular helicopter (a Bell UH-1H "Huey") pending an airworthiness assessment. The respondents indicated they would ignore the grounding order and continue operating the helicopter from the leased premises. The appellants applied to the Cape High Court for a final interdict restraining operation of the helicopter from the premises pending upliftment of the grounding order. The High Court dismissed the application, finding no reasonable apprehension of harm. The appellants appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the High Court was set aside and replaced with an order interdicting and restraining the first and second respondents from operating the specified helicopter from the V&A Waterfront helipad pending upliftment of the CAA grounding order, and ordering the respondents to pay the appellants’ costs, including the costs of two counsel.

The case is significant for clarifying that, in South African law, the 'injury' requirement for a final interdict includes the threatened invasion of a contractual right and is not limited to physical harm or financial loss. It also reinforces the principle that administrative acts remain valid and enforceable until set aside by a court, and limits the availability of collateral challenge. The judgment is frequently cited in interdict jurisprudence and landlord–tenant disputes involving compliance with statutory and regulatory obligations.