Cheg Trading (Pty) Ltd and Another v Emfuleni Estate Home Owners Association and Another (3116/2015) [2016] ZAGPPHC 212 (23 March 2016)

Cheg Trading (Pty) Ltd and Another v Emfuleni Estate Home Owners Association and Another (3116/2015) [2016] ZAGPPHC 212 (23 March 2016)

The court held that the grounds advanced by the applicants did not meet the threshold for review under section 33 of the Arbitration Act. The arbitrator did not misconduct himself, commit a gross irregularity, or exceed his powers. The alleged language barrier was not substantiated by the record, and any need for an interpreter should have been raised by the applicants' legal representatives. The arbitrator acted within his mandate, and his interpretation of the HOA constitution was within his powers. The applicants' arguments largely concerned the merits, which are not reviewable. The application was dismissed as the arbitrator's conduct was fair, impartial, and within the scope of his...

Citation
[2016] ZAGPPHC 212
Parties
Applicant: Cheg Trading (Pty) Ltd; Applicant: Suk Young Kim; Respondent: Emfuleni Estate Home Owners Association; Respondent: Cornelius Gerhardus Stolp
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 March 2016
Case Number
3116/2015
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs, including costs of senior counsel.
Judges
Olivier
Legal Topics
Arbitration Act Review, Gross Irregularity, Misconduct of Arbitrator, Exceeding Powers, Finality of Award
Alternative Dispute Resolution Civil Procedure Arbitration Act Review Gross Irregularity Misconduct of Arbitrator Exceeding Powers Finality of Award

Case Brief

Summary, issues, holding and outcome

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Parties

Cheg Trading (Pty) Ltd

Applicant

Suk Young Kim

Applicant

Emfuleni Estate Home Owners Association

Respondent

Cornelius Gerhardus Stolp

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator committed misconduct, gross irregularity, or exceeded his powers in the arbitration proceedings.
  2. 2 Whether the award should be set aside under section 33 of the Arbitration Act.
  3. 3 Whether the lack of an interpreter for the second applicant constituted a procedural irregularity.

Ratio Decidendi

The court held that the grounds advanced by the applicants did not meet the threshold for review under section 33 of the Arbitration Act. The arbitrator did not misconduct himself, commit a gross irregularity, or exceed his powers. The alleged language barrier was not substantiated by the record, and any need for an interpreter should have been raised by the applicants' legal representatives. The arbitrator acted within his mandate, and his interpretation of the HOA constitution was within his powers. The applicants' arguments largely concerned the merits, which are not reviewable. The application was dismissed as the arbitrator's conduct was fair, impartial, and within the scope of his...

Court Disposition

Application dismissed with costs, including costs of senior counsel.

Orders

  • The application is dismissed with costs, including the costs associated with the employment of senior counsel.