Bisnath and Others v Body Corporate of Grosvenor Court and Another (D7900/2017) [2020] ZAKZDHC 44 (4 August 2020)

Bisnath and Others v Body Corporate of Grosvenor Court and Another (D7900/2017) [2020] ZAKZDHC 44 (4 August 2020)

The court found that the applicants failed to establish good cause for condonation of the late filing of the review application. The evidence presented regarding the date of publication of the arbitration award was fabricated and unsubstantiated, and the applicants came to court with unclean hands. The degree of lateness, whether three or eight days, was negligible, but the applicants' conduct in misleading the court was unacceptable and could not be condoned. As a result, the application for condonation was refused, and it was unnecessary to consider the merits of the review. The applicants were ordered to pay the first respondent's costs on an attorney and client scale as censure for...

Citation
[2020] ZAKZDHC 44
Parties
Applicant: Dharamraj Bisnath; Applicant: Yusuf Abdool Kader Vahed; Applicant: Vickesh Baboolal; Applicant: Gita Bisnath; Respondent: The Body Corporate of Grosvenor Court; Respondent: R.L. Morgan N.O.
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
4 August 2020
Case Number
D7900/2017
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Application for condonation refused; review application dismissed; costs awarded against applicants on attorney and client scale.
Judges
Masipa
Legal Topics
Sectional Titles Act, Arbitration Review, Condonation, Special Levies, Costs Punitive, Gross Irregularity
Land and Property Civil Procedure Sectional Titles Act Arbitration Review Condonation Special Levies Costs Punitive Gross Irregularity

Case Brief

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Parties

Dharamraj Bisnath

Applicant

Yusuf Abdool Kader Vahed

Applicant

Vickesh Baboolal

Applicant

Gita Bisnath

Applicant

The Body Corporate of Grosvenor Court

Respondent

R.L. Morgan N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the applicants established grounds for review of the arbitration award under section 33 of the Arbitration Act.
  2. 2 Whether condonation for late filing of the review application should be granted.
  3. 3 Whether the conduct of the applicants in relation to the condonation application warranted a punitive costs order.

Ratio Decidendi

The court found that the applicants failed to establish good cause for condonation of the late filing of the review application. The evidence presented regarding the date of publication of the arbitration award was fabricated and unsubstantiated, and the applicants came to court with unclean hands. The degree of lateness, whether three or eight days, was negligible, but the applicants' conduct in misleading the court was unacceptable and could not be condoned. As a result, the application for condonation was refused, and it was unnecessary to consider the merits of the review. The applicants were ordered to pay the first respondent's costs on an attorney and client scale as censure for...

Court Disposition

Application for condonation refused; review application dismissed; costs awarded against applicants on attorney and client scale.

Orders

  • The applicants' application for condonation is refused.
  • The applicants' application for review is dismissed.