Di Nardo v Giuricich Bros Construction (Pty) Ltd (JS597/17) [2018] ZALCJHB 290 (31 August 2018)

Di Nardo v Giuricich Bros Construction (Pty) Ltd (JS597/17) [2018] ZALCJHB 290 (31 August 2018)

The court held that the applicant's proposed amendment to the statement of case should be allowed, as it facilitates the proper ventilation of the dispute and does not cause any demonstrated prejudice or injustice to the respondent. The respondent's objection was found to be frivolous, lacking authority and substance, and did not justify refusing the amendment. The court further held that the Labour Court retains discretion to award costs where opposition is vexatious or frivolous, and in this case, the respondent's conduct warranted a costs order against it. The requirements for amendment and costs were satisfied, and the applicant was granted leave to amend with costs awarded against...

Citation
[2018] ZALCJHB 290
Parties
Applicant: Antonio Di Nardo; Respondent: Giuricich Bros Construction (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 August 2018
Case Number
JS597/17
Procedural Posture
Amendment Application / Opposed Motion for Leave to Amend Statement of Case
Outcome
Leave to amend granted; costs awarded against the respondent.
Judges
GN Moshoana
Legal Topics
Amendment of Pleadings, Costs Award, Statement of Case, Labour Relations Act
Labour Law Civil Procedure Amendment of Pleadings Costs Award Statement of Case Labour Relations Act

Case Brief

Summary, issues, holding and outcome

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Parties

Antonio Di Nardo

Applicant

Giuricich Bros Construction (Pty) Ltd

Respondent

Procedural Posture

Amendment Application / Opposed Motion for Leave to Amend Statement of Case

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend the statement of case.
  2. 2 Whether the respondent's objection to the amendment is valid and causes prejudice.
  3. 3 Whether a costs order should be made against the respondent for frivolous opposition.

Ratio Decidendi

The court held that the applicant's proposed amendment to the statement of case should be allowed, as it facilitates the proper ventilation of the dispute and does not cause any demonstrated prejudice or injustice to the respondent. The respondent's objection was found to be frivolous, lacking authority and substance, and did not justify refusing the amendment. The court further held that the Labour Court retains discretion to award costs where opposition is vexatious or frivolous, and in this case, the respondent's conduct warranted a costs order against it. The requirements for amendment and costs were satisfied, and the applicant was granted leave to amend with costs awarded against...

Court Disposition

Leave to amend granted; costs awarded against the respondent.

Orders

  • The applicant is granted leave to amend its statement of case in accordance with its notice of intention to amend dated 13 December 2017.
  • The respondent to pay the costs of this application.