Genesis on Fairmount Joint Venture v KNS Construction (Pty) Ltd (15440/2018) [2019] ZAGPJHC 20 (1 February 2019)

Genesis on Fairmount Joint Venture v KNS Construction (Pty) Ltd (15440/2018) [2019] ZAGPJHC 20 (1 February 2019)

The court found that Genesis on Fairmount Joint Venture had not been conclusively shown to be dissolved and that its deponent was duly authorised to act. The opposition by KNS Construction was deemed frivolous, vexatious, and intended to frustrate Genesis's right to access the court. The costs clause in the arbitration directive was interpreted to apply only until the determination of liability, after which costs would follow the result. The application to admit the supplementary affidavit was dismissed with costs. The appeal tribunal's award was made an order of court, and costs were ordered to be taxed on the High Court scale.

Citation
[2019] ZAGPJHC 20
Parties
Applicant: Genesis on Fairmount Joint Venture; Respondent: KNS Construction (Pty) Ltd (In liquidation)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 February 2019
Case Number
15440/2018
Procedural Posture
Urgent Application / Application to Make Arbitral Award an Order of Court
Judges
Tsoka
Legal Topics
Arbitration Act Section 31, Enforcement of Arbitral Award, Legal Capacity of Partnership, Costs Award, Party and Party Costs
Civil Procedure Commercial and Corporate Arbitration Act Section 31 Enforcement of Arbitral Award Legal Capacity of Partnership Costs Award Party and Party Costs

Case Brief

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Parties

Genesis on Fairmount Joint Venture

Applicant

KNS Construction (Pty) Ltd (In liquidation)

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitral Award an Order of Court

Legal Issues

  1. 1 Whether Genesis on Fairmount Joint Venture has legal capacity to seek enforcement of the arbitral award.
  2. 2 Whether the arbitration tribunal's award should be made an order of court under section 31 of the Arbitration Act.
  3. 3 Whether KNS Construction's opposition and supplementary affidavit are bona fide or frivolous.

Ratio Decidendi

The court found that Genesis on Fairmount Joint Venture had not been conclusively shown to be dissolved and that its deponent was duly authorised to act. The opposition by KNS Construction was deemed frivolous, vexatious, and intended to frustrate Genesis's right to access the court. The costs clause in the arbitration directive was interpreted to apply only until the determination of liability, after which costs would follow the result. The application to admit the supplementary affidavit was dismissed with costs. The appeal tribunal's award was made an order of court, and costs were ordered to be taxed on the High Court scale.