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Reported
Applicant entitled to interdict after Facebook evidence (admitted despite unlawful access) proved respondent’s breach of s 42 fiduciary duties.
Close corporation members – fiduciary duties (s 42) – prohibition on competing, soliciting clients and using client data; Unlawfully obtained evidence – Facebook communications – discretion to admit in civil proceedings balancing privacy, nature of evidence and availability of lawful alternatives; Urgency – applicant acted expeditiously after acquiring evidence; Final interdict and costs including two counsel.
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