BDFM Publishers, Moneyweb and Media24 yesterday asked the Johannesburg High Court to set aside an interim order obtained by SAA prohibiting Business Day from publishing a legal opinion by the airline's lawyer.
In the early hours of 24 November, SAA obtained the interim interdict stopping the publication of an opinion containing legal advice that it [SAA] claimed was privileged information.
Ursula Fikelepi, SAA's general manager for risk and compliance, wrote an opinion on 5 November on the legal risks and implications for SAA related to a potential dispute with aircraft manufacturer Airbus over a transaction involving the purchase and swap of aircraft.
The order came too late for Business Day, which had already published a story containing the opinion on 24 November. City Press and Moneyweb had also published the information contained in the opinion.
The media groups want the court to reconsider the earlier order, made without their having a chance to oppose it, while SAA wants the order to stand.
The media groups' lawyer, Anne-Marie de Kok, said SAA could not label the opinion as confidential, because it was out in the open.
Judgment is expected to be delivered on Thursday next week.
Source: The Times
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