Landpak (Pty) Ltd v Welthagen and Another (J11/2007) [2007] ZALC 174 (22 June 2007)

Landpak (Pty) Ltd v Welthagen and Another (J11/2007) [2007] ZALC 174 (22 June 2007)

The court found that the applicant had not been dilatory in prosecuting the review application and that the explanation provided by its Human Resources Manager was satisfactory. The court was satisfied that the writ of execution and notice of attachment should be suspended pending the outcome of the review application, which the first respondent is free to oppose. The court rejected the first respondent's request to strike out the replying affidavit, finding that it addressed issues raised in the answering papers. The unnecessary costs incurred by the section 158(1)(c) application were noted, given the respondent's awareness of the pending review.

Citation
[2007] ZALC 174
Parties
Applicant: Landpak (Pty) Ltd; Respondent: Welthagen, Andre; Respondent: Sheriff for the District of Brits
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 June 2007
Case Number
J11/2007
Procedural Posture
Stay Application / Urgent Application to Suspend Writ Pending Review
Outcome
Application granted: writ of execution and notice of attachment suspended pending review.
Judges
Ngalwana AJ
Legal Topics
Stay of Execution, Review of Arbitration Award, Section 158 1 C Application, Costs Order
Labour Law Civil Procedure Stay of Execution Review of Arbitration Award Section 158 1 C Application Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Landpak (Pty) Ltd

Applicant

Welthagen, Andre

Respondent

Sheriff for the District of Brits

Respondent

Procedural Posture

Stay Application / Urgent Application to Suspend Writ Pending Review

Legal Issues

  1. 1 Whether the writ of execution and notice of attachment should be suspended pending the outcome of the review application.
  2. 2 Whether the applicant acted with sufficient diligence in prosecuting the review application.
  3. 3 Whether the replying affidavit should be struck out for raising new matter.

Ratio Decidendi

The court found that the applicant had not been dilatory in prosecuting the review application and that the explanation provided by its Human Resources Manager was satisfactory. The court was satisfied that the writ of execution and notice of attachment should be suspended pending the outcome of the review application, which the first respondent is free to oppose. The court rejected the first respondent's request to strike out the replying affidavit, finding that it addressed issues raised in the answering papers. The unnecessary costs incurred by the section 158(1)(c) application were noted, given the respondent's awareness of the pending review.

Court Disposition

Application granted: writ of execution and notice of attachment suspended pending review.

Orders

  • The writ of execution and notice of attachment in execution is suspended pending the outcome of the review application under case number JR3230/2007.
  • The applicant is ordered to obtain the record of arbitration proceedings from the CCMA and deliver same to the respondents within 60 days of this order.