Afriguard (Pty) Ltd v SCMAWU obo Mangane and Others (J 453/10) [2011] ZALCJHB 210 (29 March 2011)

Afriguard (Pty) Ltd v SCMAWU obo Mangane and Others (J 453/10) [2011] ZALCJHB 210 (29 March 2011)

The court found that the applicant had demonstrated a reasonable prospect of success in the declaratory application regarding discharge of its obligations under the settlement agreements and arbitration award. The principle of res judicata did not preclude the present interlocutory application, as the cause of...

Source-derived case information.

Citation
[2011] ZALCJHB 210
Parties
Applicant: Afriguard (Pty) Ltd; Respondent: SCMAWU obo T Mangane & 4 Others; Respondent: Registrar of the Labour Court N.O.; Respondent: Sheriff of the High Court, Vereeniging
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 March 2011
Case Number
J 453/10
Procedural Posture
Urgent Application / Return Day for Interim Interdict; Interlocutory Application Pending Declaratory Relief
Outcome
Interim interdict granted; execution of writs stayed pending determination of declaratory application; costs awarded against applicant.
Judges
R Lagrange
Legal Topics
Unfair Dismissal, Settlement Agreement, Writ of Execution, Interim Interdict, Res Judicata
Labour Law Civil Procedure Unfair Dismissal Settlement Agreement Writ of Execution Interim Interdict Res Judicata

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Parties

Afriguard (Pty) Ltd

Applicant

SCMAWU obo T Mangane & 4 Others

Respondent

Registrar of the Labour Court N.O.

Respondent

Sheriff of the High Court, Vereeniging

Respondent

Procedural Posture

Urgent Application / Return Day for Interim Interdict; Interlocutory Application Pending Declaratory Relief

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success in the declaratory application regarding discharge of obligations under settlement agreements and arbitration award.
  2. 2 Whether the principle of res judicata precludes the present interlocutory application to stay execution of writs.
  3. 3 Whether the applicant is entitled to interim relief pending determination of the declaratory application.

Ratio Decidendi

The court found that the applicant had demonstrated a reasonable prospect of success in the declaratory application regarding discharge of its obligations under the settlement agreements and arbitration award. The principle of res judicata did not preclude the present interlocutory application, as the cause of action in the declaratory application was distinct from the previous application to stay the writs. The relief sought was interlocutory and related to a new dispute not previously adjudicated. The applicant's conduct in prolonging the litigation was criticised, and costs were awarded against it for the interlocutory application.

Court Disposition

Interim interdict granted; execution of writs stayed pending determination of declaratory application; costs awarded against applicant.

Orders

  • Pending the determination of the application for declaratory relief under case number J 2724/09, execution of all writs issued under case numbers J11/08, J12/08, J13/08 and J14/08 are stayed.
  • The attachment effected by the third respondent pursuant to the writs mentioned above is set aside.