Hertzberg v Stargaze Media CC and Others (J23/14) [2016] ZALCJHB 576 (14 December 2016)

Hertzberg v Stargaze Media CC and Others (J23/14) [2016] ZALCJHB 576 (14 December 2016)

The court held that the applicant had not made out a case for joinder, as there were no pending proceedings to which additional parties could be joined. The application was based on modifying a previous court order rather than joining parties to live proceedings. The issue of a section 197 transfer between Stargaze Media and Osiris Trading (Pty) Ltd was not properly before the court, having been raised only in the replying affidavit and not in the notice of motion. The court declined to express a view on the section 197 issue, leaving it open for the applicant to pursue remedies in separate proceedings if desired. The application for joinder was dismissed, and the applicant was ordered to...

Citation
[2016] ZALCJHB 576
Parties
Applicant: Philharmon Hertzberg; Respondent: Stargaze Media CC; Respondent: Phillip Superamoniem; Respondent: Ajay Manger; Respondent: Osiris Trading (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 December 2016
Case Number
J23/14
Procedural Posture
Joinder Application / Judgment
Outcome
Application for joinder dismissed; costs awarded against the applicant for reserved costs.
Judges
Omphemetse Mooki
Legal Topics
Joinder of Parties, Enforcement of Awards, Section 197 Transfer
Civil Procedure Joinder of Parties Enforcement of Awards Section 197 Transfer

Case Brief

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Parties

Philharmon Hertzberg

Applicant

Stargaze Media CC

Respondent

Phillip Superamoniem

Respondent

Ajay Manger

Respondent

Osiris Trading (Pty) Ltd

Respondent

Procedural Posture

Joinder Application / Judgment

Legal Issues

  1. 1 Whether the applicant has made out a case for joinder of additional parties to the court order.
  2. 2 Whether it is competent to join parties when there are no live proceedings.
  3. 3 Whether the issue of a section 197 transfer between Stargaze Media and Osiris Trading (Pty) Ltd is properly before the court.

Ratio Decidendi

The court held that the applicant had not made out a case for joinder, as there were no pending proceedings to which additional parties could be joined. The application was based on modifying a previous court order rather than joining parties to live proceedings. The issue of a section 197 transfer between Stargaze Media and Osiris Trading (Pty) Ltd was not properly before the court, having been raised only in the replying affidavit and not in the notice of motion. The court declined to express a view on the section 197 issue, leaving it open for the applicant to pursue remedies in separate proceedings if desired. The application for joinder was dismissed, and the applicant was ordered to...

Court Disposition

Application for joinder dismissed; costs awarded against the applicant for reserved costs.

Orders

  • The application for joinder is dismissed.
  • The applicant is ordered to pay the costs incurred by the second and third respondents which were reserved on 2 February 2016.