Coetzee and Another v Nampak Liquid Bloemfontein (JS902/2014) [2015] ZALCJHB 182 (26 May 2015)

Coetzee and Another v Nampak Liquid Bloemfontein (JS902/2014) [2015] ZALCJHB 182 (26 May 2015)

The court found that while the delay in filing the statement of case was substantial, the applicants' explanation was inadequate and largely attributable to their attorney's failure to act expeditiously. However, the applicants demonstrated fair prospects of success in their main claim, as they could succeed if they proved the respondent failed to comply with section 189A of the LRA. The prejudice to the applicants if condonation were refused would be greater than the prejudice to the respondent, as the applicants would be non-suited and unable to have their case heard. The interests of justice, particularly access to justice for financially constrained litigants, warranted granting...

Citation
[2015] ZALCJHB 182
Parties
Applicant: Magdel Coetzee; Applicant: David Coetzee; Respondent: Nampak Liquid Bloemfontein
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 May 2015
Case Number
JS902/2014
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Statement of Case
Outcome
Condonation for the late filing of the statement of case is granted. The applicants' attorney is ordered to pay the respondent's costs de bonis propriis.
Judges
Lallie
Legal Topics
Condonation, Late Filing, Retrenchment, Section 189a Procedure, Prejudice, Costs De Bonis Propriis
Labour Law Civil Procedure Condonation Late Filing Retrenchment Section 189a Procedure Prejudice Costs De Bonis Propriis

Case Brief

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Parties

Magdel Coetzee

Applicant

David Coetzee

Applicant

Nampak Liquid Bloemfontein

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Filing of Statement of Case

Legal Issues

  1. 1 Whether the applicants have provided a reasonable explanation for the delay in filing their statement of case.
  2. 2 Whether the applicants have fair prospects of success in their main claim.
  3. 3 Whether the prejudice to the applicants outweighs the prejudice to the respondent if condonation is refused.

Ratio Decidendi

The court found that while the delay in filing the statement of case was substantial, the applicants' explanation was inadequate and largely attributable to their attorney's failure to act expeditiously. However, the applicants demonstrated fair prospects of success in their main claim, as they could succeed if they proved the respondent failed to comply with section 189A of the LRA. The prejudice to the applicants if condonation were refused would be greater than the prejudice to the respondent, as the applicants would be non-suited and unable to have their case heard. The interests of justice, particularly access to justice for financially constrained litigants, warranted granting...

Court Disposition

Condonation for the late filing of the statement of case is granted. The applicants' attorney is ordered to pay the respondent's costs de bonis propriis.

Orders

  • The application for condonation of the late filing of the statement of case is granted.
  • Mr Jacques Nortjie of Kramer Weihmann & Joubert Inc. is ordered to pay the respondent's costs.