Abrahams and Another v R K Computer SDN-BHD and Others (7893/2008) [2009] ZAWCHC 7 (10 February 2009)

Abrahams and Another v R K Computer SDN-BHD and Others (7893/2008) [2009] ZAWCHC 7 (10 February 2009)

The court found that the applicants' explanation for the late filing of the application for leave to appeal was unsatisfactory, lacking material detail and failing to account for the delay. However, the degree of default was not gross and related in part to the attorney's indisposition. On the merits, the court held that none of the grounds advanced established a reasonable prospect that another court would reach a different conclusion. The allegations of bias or misconduct by the arbitrators were unsupported by the evidence, and the arbitrators' conduct was found to be honest and reasoned. The court concluded that the cumulative effect of the defective explanation and scant prospects of...

Citation
[2009] ZAWCHC 7
Parties
Applicant: Shihaam Abrahams & 1 Other; Respondent: R K Computer SDN-BHD & 2 Others
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
10 February 2009
Case Number
7893/2008
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Condonation
Outcome
Application for condonation and application for leave to appeal dismissed. Costs awarded against applicants, jointly and severally.
Judges
Gauntlett
Legal Topics
Leave to Appeal, Condonation, Arbitration Review, Costs Order
Civil Procedure Leave to Appeal Condonation Arbitration Review Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Shihaam Abrahams & 1 Other

Applicant

R K Computer SDN-BHD & 2 Others

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Condonation

Legal Issues

  1. 1 Whether the applicants have provided a satisfactory explanation for the late filing of the application for leave to appeal.
  2. 2 Whether there is a reasonable prospect that another court may reach a different conclusion on the merits of the review.
  3. 3 Whether the applicants have established misconduct or bias by the arbitrators sufficient to warrant leave to appeal.

Ratio Decidendi

The court found that the applicants' explanation for the late filing of the application for leave to appeal was unsatisfactory, lacking material detail and failing to account for the delay. However, the degree of default was not gross and related in part to the attorney's indisposition. On the merits, the court held that none of the grounds advanced established a reasonable prospect that another court would reach a different conclusion. The allegations of bias or misconduct by the arbitrators were unsupported by the evidence, and the arbitrators' conduct was found to be honest and reasoned. The court concluded that the cumulative effect of the defective explanation and scant prospects of...

Court Disposition

Application for condonation and application for leave to appeal dismissed. Costs awarded against applicants, jointly and severally.

Orders

  • The application for condonation is dismissed.
  • The application for leave to appeal is dismissed.