Bakkes v Strydom NO and Others (42570/2012) [2013] ZAGPPHC 169 (14 June 2013)

Bakkes v Strydom NO and Others (42570/2012) [2013] ZAGPPHC 169 (14 June 2013)

The court found that the applicant failed to address the prospects of success in his intended arbitration proceedings and relied only on bare denials of the respondents' serious allegations of fraud, negligence, and reckless conduct. The applicant did not provide substantive answers to the factual disputes raised, and the court determined that there was no genuine or real dispute of fact. The court exercised its judicial discretion, considering the merits and circumstances, and concluded that the applicant had no prospect of success in his claims for remuneration, bonuses, benefits, or a retrenchment package against Corporate Money Managers (Pty) Ltd under curatorship. The application for...

Citation
[2013] ZAGPPHC 169
Parties
Applicant: Johan Hendrik Bakkes; Respondent: Pieter Hendrik Strydom N.O.; Respondent: John Roderick Greame Polson N.O.; Respondent: Louis Strydom N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 June 2013
Case Number
42570/2012
Procedural Posture
Leave to Appeal / Application for Leave to Initiate Arbitration and Strike Out Allegations
Outcome
Application dismissed with costs.
Judges
JJ Strijdom
Legal Topics
Curatorship Stay of Proceedings, Arbitration Permission, Employment Termination Dispute, Remuneration Claim, Strike Out Application
Civil Procedure Labour Law Curatorship Stay of Proceedings Arbitration Permission Employment Termination Dispute Remuneration Claim Strike Out Application

Case Brief

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Parties

Johan Hendrik Bakkes

Applicant

Pieter Hendrik Strydom N.O.

Respondent

John Roderick Greame Polson N.O.

Respondent

Louis Strydom N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Initiate Arbitration and Strike Out Allegations

Legal Issues

  1. 1 Whether the applicant should be granted leave to initiate and proceed with arbitration proceedings against Corporate Money Managers (Pty) Ltd under curatorship.
  2. 2 Whether the applicant's application to strike out certain allegations in the respondents' answering affidavit should be granted.
  3. 3 Whether the applicant has prospects of success in his intended claim for remuneration, bonuses, benefits, and a retrenchment package.

Ratio Decidendi

The court found that the applicant failed to address the prospects of success in his intended arbitration proceedings and relied only on bare denials of the respondents' serious allegations of fraud, negligence, and reckless conduct. The applicant did not provide substantive answers to the factual disputes raised, and the court determined that there was no genuine or real dispute of fact. The court exercised its judicial discretion, considering the merits and circumstances, and concluded that the applicant had no prospect of success in his claims for remuneration, bonuses, benefits, or a retrenchment package against Corporate Money Managers (Pty) Ltd under curatorship. The application for...

Court Disposition

Application dismissed with costs.

Orders

  • Condonation is granted for the late delivery and filing of the respondents' answering affidavit.
  • The application to strike out paragraphs and annexures in the answering affidavit is dismissed.