Lesotho Amalgamated Clothing and Textile Workers Union v Crayon Garments (Pty) Ltd (Ruling) (LC 15 of 95) [1995] LSLC 3 (16 February 1995)

Lesotho Amalgamated Clothing and Textile Workers Union v Crayon Garments (Pty) Ltd (Ruling) (LC 15 of 95) [1995] LSLC 3 (16 February 1995)

There is no real dispute of fact as the applicant did not deny the additional facts provided by the respondent, rendering them admitted. The interim order's cautious wording would not have led the court to refuse it even if all facts were disclosed. Therefore, the application to set aside the interim order for non-disclosure or procedural irregularity is dismissed.

Citation
[1995] LSLC 3
Parties
Applicant: Lesotho Amalgamated Clothing & Textile Workers Union; Respondent: Crayon Garments (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
16 February 1995
Case Number
LC 15 of 95
Procedural Posture
Labour / Interlocutory Application to Set Aside Interim Order
Outcome
application to set aside interim order dismissed
Legal Topics
Urgent Applications, Motion Proceedings, Dispute of Fact, Non Disclosure of Material Facts, Interim Orders
Source Language
English
Labour Law Urgent Applications Motion Proceedings Dispute of Fact Non Disclosure of Material Facts Interim Orders

Case Brief

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Parties

Lesotho Amalgamated Clothing & Textile Workers Union

Applicant

Crayon Garments (Pty) Ltd

Respondent

Procedural Posture

Labour / Interlocutory Application to Set Aside Interim Order

Legal Issues

  1. 1 Whether the applicant correctly proceeded by way of urgent application or should have used originating application
  2. 2 Whether a bona fide and serious dispute of fact existed precluding motion proceedings
  3. 3 Whether the applicant failed to disclose material facts warranting setting aside of the interim order

Ratio Decidendi

There is no real dispute of fact as the applicant did not deny the additional facts provided by the respondent, rendering them admitted. The interim order's cautious wording would not have led the court to refuse it even if all facts were disclosed. Therefore, the application to set aside the interim order for non-disclosure or procedural irregularity is dismissed.

Court Disposition

application to set aside interim order dismissed

Orders

  • The interim order remains in force.
  • Application to set aside the interim order is dismissed.