Landpak (Pty) Ltd v Welthagen and Another (J11/2007) [2007] ZALCJHB 58 (22 June 2007)

Landpak (Pty) Ltd v Welthagen and Another (J11/2007) [2007] ZALCJHB 58 (22 June 2007)

The court found that the applicant had not been idle since the making of the arbitration award and had provided a satisfactory explanation for its conduct in prosecuting the review application. The sequence of events indicated that the applicant intended to bring review proceedings and acted promptly. 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 also rejected the first respondent's request to strike out the replying affidavit, finding that it addressed issues raised in the answering papers rather than introducing new matter.

Citation
[2007] ZALCJHB 58
Parties
Applicant: Landpak (Pty) Ltd; Respondent: Welthagen, Andre; Respondent: Sheriff for the District of Brits
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 June 2007
Case Number
J11/2007
Procedural Posture
Stay Application / Urgent Application for Stay of Execution Pending Review
Outcome
Application granted. The writ of execution and notice of attachment are suspended pending the outcome of the review application.
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

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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 for Stay of Execution 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 idle since the making of the arbitration award and had provided a satisfactory explanation for its conduct in prosecuting the review application. The sequence of events indicated that the applicant intended to bring review proceedings and acted promptly. 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 also rejected the first respondent's request to strike out the replying affidavit, finding that it addressed issues raised in the answering papers rather than introducing new matter.

Court Disposition

Application granted. The writ of execution and notice of attachment are suspended pending the outcome of the review application.

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.