Coetzer and Other v Pegasus Industrial Services (Pty) Ltd (JS766/2020) [2021] ZALCJHB 248 (16 August 2021)

Coetzer and Other v Pegasus Industrial Services (Pty) Ltd (JS766/2020) [2021] ZALCJHB 248 (16 August 2021)

The court found that the delay in filing the Statement of Case was only nine days and that the explanation provided by the applicants was satisfactory. The prospects of success in the main dispute were noted, and the respondent did not oppose the application. The court determined that no prejudice would be suffered by the respondent if condonation was granted. Accordingly, condonation for the late filing was granted, and the matter was directed to be enrolled for default judgment.

Citation
[2021] ZALCJHB 248
Parties
Applicant: Charien Coetzer and Other; Respondent: Pegasus Industrial Services (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 August 2021
Case Number
JS766/2020
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.
Judges
I.I. Mahomed
Legal Topics
Condonation, Late Filing, Statement of Case, Labour Relations Act, Default Judgment
Labour Law Condonation Late Filing Statement of Case Labour Relations Act Default Judgment

Case Brief

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Parties

Charien Coetzer and Other

Applicant

Pegasus Industrial Services (Pty) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the late filing of the Statement of Case by the applicants should be condoned.
  2. 2 Whether the delay was minimal and satisfactorily explained.
  3. 3 Whether the respondent would suffer prejudice if condonation is granted.

Ratio Decidendi

The court found that the delay in filing the Statement of Case was only nine days and that the explanation provided by the applicants was satisfactory. The prospects of success in the main dispute were noted, and the respondent did not oppose the application. The court determined that no prejudice would be suffered by the respondent if condonation was granted. Accordingly, condonation for the late filing was granted, and the matter was directed to be enrolled for default judgment.

Court Disposition

Condonation for the late filing of the Statement of Case is granted.

Orders

  • The late filing of the Applicants Statement of Case is condoned.
  • There is no order for costs in the condonation application.