Ivasen v Zeda Car Leasing (Pty) Ltd t/a Avis Fleet (JS430/21) [2023] ZALCJHB 309 (13 October 2023)

Ivasen v Zeda Car Leasing (Pty) Ltd t/a Avis Fleet (JS430/21) [2023] ZALCJHB 309 (13 October 2023)

The respondent failed to provide a reasonable and acceptable explanation for the delay in filing both the statement of response and the condonation application. The explanation centered on the attorney's medical condition was insufficient, lacked detail, and did not cover the full period of delay. No facts were presented regarding the respondent's own conduct or steps taken to remedy non-compliance. The respondent also failed to comply with a court order compelling the filing of the condonation application within five days. In accordance with established case law, without a satisfactory explanation for the delay, the prospects of success are immaterial and condonation must be refused. The...

Citation
[2023] ZALCJHB 309
Parties
Applicant: Keith Legh Ivasen; Respondent: Zeda Car Leasing (Pty) Ltd t/a Avis Fleet
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 October 2023
Case Number
JS430/21
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Statement of Response
Outcome
Application for condonation dismissed. No order as to costs.
Judges
D Whittington
Legal Topics
Condonation, Late Filing, Default Judgment, Punitive Costs
Labour Law Civil Procedure Condonation Late Filing Default Judgment Punitive Costs

Case Brief

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Parties

Keith Legh Ivasen

Applicant

Zeda Car Leasing (Pty) Ltd t/a Avis Fleet

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Filing of Statement of Response

Legal Issues

  1. 1 Whether the respondent has provided a reasonable and acceptable explanation for the delay in filing the statement of response and condonation application.
  2. 2 Whether the respondent complied with the court order compelling the filing of the condonation application within five days.
  3. 3 Whether the respondent's conduct or its representatives' conduct justifies the granting of condonation.

Ratio Decidendi

The respondent failed to provide a reasonable and acceptable explanation for the delay in filing both the statement of response and the condonation application. The explanation centered on the attorney's medical condition was insufficient, lacked detail, and did not cover the full period of delay. No facts were presented regarding the respondent's own conduct or steps taken to remedy non-compliance. The respondent also failed to comply with a court order compelling the filing of the condonation application within five days. In accordance with established case law, without a satisfactory explanation for the delay, the prospects of success are immaterial and condonation must be refused. The...

Court Disposition

Application for condonation dismissed. No order as to costs.

Orders

  • The application for condonation is dismissed.
  • There is no order as to costs.