Compensation Solutions (Pty) Ltd v Compensation Commissioner and Others (56219/2021 ; 49156/2021) [2023] ZAGPPHC 572 (18 July 2023)

Compensation Solutions (Pty) Ltd v Compensation Commissioner and Others (56219/2021 ; 49156/2021) [2023] ZAGPPHC 572 (18 July 2023)

Condonation for the late filing of answering affidavits was granted as it was in the interests of justice and caused no prejudice to the applicant. The applicant's claims for summary judgment were refused because the respondents raised bona fide defences of prescription under COIDA and the Prescription Act, which had not previously been adjudicated between these parties and which raise triable issues for determination at trial. Other defences previously raised and dismissed by the Division were not reconsidered, as there was no basis to find those prior judgments clearly wrong. The respondents are permitted to amend their plea to include the prescription defence, and the matter must...

Citation
[2023] ZAGPPHC 572
Parties
Applicant: Compensation Solutions (Pty) Ltd; Respondent: Compensation Commissioner; Respondent: Director-General of the Department of Employment and Labour of the National Government of the Republic of South Africa; Respondent: Minister of the Department of Employment and Labour of the National Government of the Republic of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 July 2023
Case Number
56219/2021 ; 49156/2021
Procedural Posture
Summary Judgment Application / Opposed Summary Judgment Applications With Condonation for Late Filing of Answering Affidavits
Outcome
Summary judgment refused in both matters; respondents granted leave to defend limited to the special pleas of prescription.
Judges
Ally
Legal Topics
Summary Judgment, Liquidated Claim, Prescription, Condonation, Uniform Rules of Court
Civil Procedure Commercial and Corporate Summary Judgment Liquidated Claim Prescription Condonation Uniform Rules of Court

Case Brief

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Parties

Compensation Solutions (Pty) Ltd

Applicant

Compensation Commissioner

Respondent

Director-General of the Department of Employment and Labour of the National Government of the Republic of South Africa

Respondent

Minister of the Department of Employment and Labour of the National Government of the Republic of South Africa

Respondent

Procedural Posture

Summary Judgment Application / Opposed Summary Judgment Applications With Condonation for Late Filing of Answering Affidavits

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of answering affidavits.
  2. 2 Whether the applicant's claims qualify for summary judgment as liquidated amounts in money.
  3. 3 Whether the respondents have disclosed bona fide defences to summary judgment, specifically prescription under COIDA and the Prescription Act.

Ratio Decidendi

Condonation for the late filing of answering affidavits was granted as it was in the interests of justice and caused no prejudice to the applicant. The applicant's claims for summary judgment were refused because the respondents raised bona fide defences of prescription under COIDA and the Prescription Act, which had not previously been adjudicated between these parties and which raise triable issues for determination at trial. Other defences previously raised and dismissed by the Division were not reconsidered, as there was no basis to find those prior judgments clearly wrong. The respondents are permitted to amend their plea to include the prescription defence, and the matter must...

Court Disposition

Summary judgment refused in both matters; respondents granted leave to defend limited to the special pleas of prescription.

Orders

  • Summary judgment in case numbers 56219/2021 and 49156/2021 is refused.
  • The defendant is granted leave to defend in respect of case numbers 56219/2021 and 49156/2021 only insofar as a plea of prescription is to be raised.