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Applicant proved multiple contempts: using confidential designs and circumventing an interdict via intermediaries; suspended sentences and fines imposed.
Contempt of court – civil contempt for disobedience of interdict – requisites: existence of order, service, non-compliance and wilfulness/mala fides – onus and evidentiary shift where knowledge and non-compliance proved. Use of confidential information and designs – manufacture and supply of similar products despite cosmetic differences constitutes breach. Circumvention – interposition of intermediaries and participation in inspections constitute indirect contact/solicitation in breach of interdict. Legal advice defence – equivocal or post hoc advice insufficient to negate dolus eventualis. Remedies – suspended imprisonment for individuals, fine for close corporation, and adverse costs (including attorney-and-client).
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