Atteridgeville Town Council and Another v Costa Livanos t/a Livanos Brothers Electrical (50/91) [1991] ZASCA 139; 1992 (1) SA 296 (AD); [1992] 1 All SA 274 (A) (27 September 1991)

Atteridgeville Town Council and Another v Costa Livanos t/a Livanos Brothers Electrical (50/91) [1991] ZASCA 139; 1992 (1) SA 296 (AD); [1992] 1 All SA 274 (A) (27 September 1991)

The Supreme Court of Appeal held that the arbitration clause survived the termination of the contract by repudiation, as the clause was intended to provide machinery for resolving disputes even after the primary obligations under the contract had ended. The Court found no express or implied intention in the clause...

Source-derived case information.

Citation
[1991] ZASCA 139
Parties
Appellant: Atteridgeville Town Council; Appellant: Pretoria Regional Services Council; Respondent: Costa Livanos t/a Livanos Brothers Electrical
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 September 1991
Case Number
50/91
Procedural Posture
Civil Appeal / Appeal From the Transvaal Provincial Division
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Botha, Smalberger, Nestadt, FH Grosskopf, Van den Heever
Legal Topics
Arbitration Clause Survival, Repudiation of Contract, Appointment of Arbitrator, Arbitration Act Compliance
Commercial and Corporate Civil Procedure Arbitration Clause Survival Repudiation of Contract Appointment of Arbitrator Arbitration Act Compliance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Atteridgeville Town Council

Appellant

Pretoria Regional Services Council

Appellant

Costa Livanos t/a Livanos Brothers Electrical

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transvaal Provincial Division

Legal Issues

  1. 1 Does the arbitration clause survive the termination of the contract by repudiation?
  2. 2 Are the parties entitled to appoint a substitute arbitrator after the withdrawal of the named arbitrator?
  3. 3 Did the applicant comply with the requirements of the Arbitration Act 42 of 1965 for appointing a substitute arbitrator?

Ratio Decidendi

The Supreme Court of Appeal held that the arbitration clause survived the termination of the contract by repudiation, as the clause was intended to provide machinery for resolving disputes even after the primary obligations under the contract had ended. The Court found no express or implied intention in the clause to restrict arbitration solely to the named arbitrator, Weyers, and thus the parties were entitled to appoint a substitute arbitrator in terms of the Arbitration Act. The Court further determined that Livanos substantially complied with the procedural requirements of the Act for appointing a substitute arbitrator, given the historical context and the appellants' consistent...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.
  • The order of the court a quo is upheld.