Platinum Holdings (Pty) Limited and Others v Victoria and Alfred Waterfront (Pty) Ltd and Another

The second to fourth appellants operated designer clothing stores at the Victoria Wharf shopping complex under fixed-term written leases concluded with the Transnet Pension Fund, expiring on 31 March 2003. The properties were later transferred to the second respondent, with the first respondent managing and letting them. Prior to expiry, negotiations took place regarding possible new leases, but no written renewal was concluded. The appellants alleged that oral agreements extending the leases for a further five years had been concluded, alternatively that they were entitled to remain in occupation pending determination of alleged competition law contraventions by the respondents. The respondents sought a declaratory order that the appellants had no right to occupy the premises after expiry of the leases.

The appeal was dismissed with costs, including the costs of two counsel. The declaratory order that the appellants had no right of continued occupation after 31 March 2003 stood.

The case clarifies the evidentiary weight of contemporaneous correspondence in assessing alleged oral agreements, affirms the principles governing disputes of fact in motion proceedings, and delineates the limits of raising competition law defences to delay eviction or declaratory relief. It also explains when civil courts must, and need not, refer matters to the Competition Tribunal.