The Loureiro family were seeking leave to appeal a Supreme Court of Appeal ruling that rejected a claim for contractual and delictual liability against iMvula Quality Protection (Pty) Ltd.
Mr Loureiro previously instructed the company’s 24-hour guards at his home to not allow any visitors without his authorisation.
In January 2009, while the Loureiros were away from their home, a vehicle with flashing lights and an individual disguised as a police officer approached the guard house.
When the guard was not able to adequately talk over the intercom, he opened the pedestrian gate. The disguised person and a group forced their way onto the property and stole items to the value of R11 million.
The Loureiro family sought damages in the high court, arguing that iMvula had breached their contract and that it and its employee had acted negligently and wrongfully.
The high court held iMvula contractually and delictually liable. On appeal, a majority of the Supreme Court of Appeal overturned the ruling.
The Loureiros would argue in the Constitutional Court that in terms of what was agreed, the pedestrian gate was to be opened only for shift changes.
iMvula disputes that the contract created strict liability and argues that neither it nor its employee are contractually or delictually liable.