Denmyr Body Corporate v Van Den Bos (52828/09) [2010] ZAGPJHC 189 (1 October 2010)

Denmyr Body Corporate v Van Den Bos (52828/09) [2010] ZAGPJHC 189 (1 October 2010)

The court found that the arbitrator was correct in refusing discovery of the lease agreements, as they were not relevant to the pleadings. However, the arbitrator erred in refusing discovery of monthly statements and accounts for levies and other charges, as well as statements/accounts rendered to tenants relating to rental, operating costs, and consumption charges. These documents are relevant to the issues raised in the pleadings and may assist the applicant in proving its claims or refuting the respondent's defences. The court held that this was an exceptional case warranting intervention prior to an arbitration award, as the arbitrator's ruling could prevent the applicant from having...

Citation
[2010] ZAGPJHC 189
Parties
Applicant: Denmyr Body Corporate; Respondent: Jan Van Den Bos; Respondent: Doc J Properties (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 October 2010
Case Number
52828/09
Procedural Posture
Review Application / Application for Review and Setting Aside of Arbitrator's Procedural Ruling
Outcome
Application for review succeeds in part; arbitrator's ruling set aside in respect of certain documents; second respondent ordered to make discovery; costs awarded to applicant.
Judges
P A Meyer
Legal Topics
Discovery of Documents, Arbitration Review, Relevance of Evidence
Civil Procedure Discovery of Documents Arbitration Review Relevance of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Denmyr Body Corporate

Applicant

Jan Van Den Bos

Respondent

Doc J Properties (Pty) Limited

Respondent

Procedural Posture

Review Application / Application for Review and Setting Aside of Arbitrator's Procedural Ruling

Legal Issues

  1. 1 Whether the arbitrator's refusal to order discovery of certain documents was correct.
  2. 2 Whether the requested documents are relevant to the issues raised in the pleadings.
  3. 3 Whether intervention by the court is warranted prior to an arbitration award.

Ratio Decidendi

The court found that the arbitrator was correct in refusing discovery of the lease agreements, as they were not relevant to the pleadings. However, the arbitrator erred in refusing discovery of monthly statements and accounts for levies and other charges, as well as statements/accounts rendered to tenants relating to rental, operating costs, and consumption charges. These documents are relevant to the issues raised in the pleadings and may assist the applicant in proving its claims or refuting the respondent's defences. The court held that this was an exceptional case warranting intervention prior to an arbitration award, as the arbitrator's ruling could prevent the applicant from having...

Court Disposition

Application for review succeeds in part; arbitrator's ruling set aside in respect of certain documents; second respondent ordered to make discovery; costs awarded to applicant.

Orders

  • The first respondent's ruling on the applicant's request for documents as set out in paragraphs 2.1 and 2.3 at page 3 of the minutes of the preliminary meeting held on 18 November 2009 is set aside.
  • The second respondent is ordered to make discovery of the documents requested in paragraphs 2.1 and 2.3 at page 1 of the said minutes.