Armour Technology Systems (Pty) Ltd and Another v DCD Group Limited (Pty) Ltd and Others (31884/2015) [2019] ZAGPPHC 93 (20 March 2019)

Armour Technology Systems (Pty) Ltd and Another v DCD Group Limited (Pty) Ltd and Others (31884/2015) [2019] ZAGPPHC 93 (20 March 2019)

The court found that although the applicants may have made some payments towards arbitration fees, they failed to make the requested payments timeously, resulting in the lapsing of the arbitration proceedings in terms of section 23(a) of the Arbitration Act. The application for leave to appeal was dismissed as it had no reasonable prospects of success. Condonation for late filing was granted, but this did not affect the outcome. Costs were awarded against the applicants.

Citation
[2019] ZAGPPHC 93
Parties
Applicant: Armour Technology Systems (Pty) Ltd; Applicant: Jacobus Stephanus Van Heerden; Respondent: DCD Group Limited (Pty) Ltd; Respondent: Antonie Gildenhuys N.O.; Respondent: Arbitration Foundation of Southern Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 March 2019
Case Number
31884/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 21 October 2016.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Janse Van Nieuwenhuizen
Legal Topics
Leave to Appeal, Arbitration Act Section 23, Condonation, Costs Order
Civil Procedure Alternative Dispute Resolution Leave to Appeal Arbitration Act Section 23 Condonation Costs Order

Case Brief

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Parties

Armour Technology Systems (Pty) Ltd

Applicant

Jacobus Stephanus Van Heerden

Applicant

DCD Group Limited (Pty) Ltd

Respondent

Antonie Gildenhuys N.O.

Respondent

Arbitration Foundation of Southern Africa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 21 October 2016.

Legal Issues

  1. 1 Whether the court erred in its finding regarding the applicants' payment of arbitration fees.
  2. 2 Whether the application for leave to appeal has reasonable prospects of success.
  3. 3 Whether condonation for late filing should be granted.

Ratio Decidendi

The court found that although the applicants may have made some payments towards arbitration fees, they failed to make the requested payments timeously, resulting in the lapsing of the arbitration proceedings in terms of section 23(a) of the Arbitration Act. The application for leave to appeal was dismissed as it had no reasonable prospects of success. Condonation for late filing was granted, but this did not affect the outcome. Costs were awarded against the applicants.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.
  • Condonation for the late filing of the application for leave to appeal is granted.