Els v Memmel (J3727/01) [2002] ZALC 129 (7 March 2002)

Els v Memmel (J3727/01) [2002] ZALC 129 (7 March 2002)

The court found that although the delay in filing the answering affidavit was substantial, it was not excessive. The respondent provided a reasonable explanation for the delay, namely ill-health, and demonstrated prima facie prospects of success in the review application. In the interests of fairness, condonation for the late filing was granted. Consequently, the application to have the arbitration award made an order of court was dismissed.

Citation
[2002] ZALC 129
Parties
Applicant: H Els; Respondent: Alec R Memmel
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
7 March 2002
Case Number
J3727/01
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Answering Affidavit
Outcome
Condonation for the late filing of the opposing papers is granted. The application to have the award made an order of court is dismissed.
Judges
E Revelas
Legal Topics
Condonation, Late Filing of Answering Affidavit, Review Application
Labour Law Condonation Late Filing of Answering Affidavit Review Application

Case Brief

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Parties

H Els

Applicant

Alec R Memmel

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Filing of Answering Affidavit

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the respondent's answering affidavit.
  2. 2 Whether the application to have the arbitration award made an order of court should be granted.

Ratio Decidendi

The court found that although the delay in filing the answering affidavit was substantial, it was not excessive. The respondent provided a reasonable explanation for the delay, namely ill-health, and demonstrated prima facie prospects of success in the review application. In the interests of fairness, condonation for the late filing was granted. Consequently, the application to have the arbitration award made an order of court was dismissed.

Court Disposition

Condonation for the late filing of the opposing papers is granted. The application to have the award made an order of court is dismissed.

Orders

  • Condonation for the late filing of the opposing papers is granted.
  • The application to have the award made an order of court is dismissed.