Kgopa and Another v Body Corporate of Waleni and Another (85247/2014) [2015] ZAGPPHC 968 (13 July 2015)

Kgopa and Another v Body Corporate of Waleni and Another (85247/2014) [2015] ZAGPPHC 968 (13 July 2015)

The court found that the arbitrator did not exceed his powers in awarding costs on the Magistrate's Court scale, as this was merely a reference for taxation and did not relate to separate proceedings. The application to set aside the award was brought outside the statutory six-week period prescribed by section 33(2) of the Arbitration Act, and the applicants failed to provide a satisfactory explanation or show good cause for the delay. The application for postponement was unsupported by any substantive affidavit and was refused. The main application was dismissed for lack of merit and untimeliness. The counter-application to make the arbitration award an order of court was granted, and a...

Citation
[2015] ZAGPPHC 968
Parties
Applicant: Leoto Jan Kgopa; Applicant: Freedah Legakilwe Nomthandazo Kgopa; Respondent: The Body Corporate of Waleni; Respondent: Jasper van der Westhuizen
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 July 2015
Case Number
85247/2014
Procedural Posture
Review Application / Judgment
Outcome
Application for postponement refused; main application dismissed; arbitration award made an order of court; punitive costs order granted against applicants.
Judges
A.A. Louw
Legal Topics
Arbitration Award Review, Costs Award, Delay in Application, Attorney and Client Costs
Civil Procedure Commercial and Corporate Arbitration Award Review Costs Award Delay in Application Attorney and Client Costs

Case Brief

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Parties

Leoto Jan Kgopa

Applicant

Freedah Legakilwe Nomthandazo Kgopa

Applicant

The Body Corporate of Waleni

Respondent

Jasper van der Westhuizen

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator exceeded his powers in awarding attorney and client costs on the Magistrate's Court scale.
  2. 2 Whether the application to set aside the arbitration award was brought within the statutory time period.
  3. 3 Whether the applicants provided good cause for the delay in bringing the application.

Ratio Decidendi

The court found that the arbitrator did not exceed his powers in awarding costs on the Magistrate's Court scale, as this was merely a reference for taxation and did not relate to separate proceedings. The application to set aside the award was brought outside the statutory six-week period prescribed by section 33(2) of the Arbitration Act, and the applicants failed to provide a satisfactory explanation or show good cause for the delay. The application for postponement was unsupported by any substantive affidavit and was refused. The main application was dismissed for lack of merit and untimeliness. The counter-application to make the arbitration award an order of court was granted, and a...

Court Disposition

Application for postponement refused; main application dismissed; arbitration award made an order of court; punitive costs order granted against applicants.

Orders

  • The applicants' application for postponement is refused.
  • The main application seeking review and setting aside of the arbitration award is dismissed.