Lawrence v Mutual and Federal (Pty) Ltd and Another (JR 3308/2011) [2014] ZALCJHB 244 (11 July 2014)
The court considered the grounds for appeal and determined that there is a prospect that the appeal court could arrive at a different conclusion regarding the review and setting aside of the private arbitration award. Accordingly, leave to appeal is granted.
Source-derived case information.
- Citation
- [2014] ZALCJHB 244
- Parties
- Applicant: K M Lawrence; Respondent: Mutual and Federal (Pty) Ltd; Respondent: L Shear
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR3308/2011
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review of Arbitration Award
- Outcome
- Leave to appeal is granted. No order as to costs.
- Judges
- Prinsloo
- Legal Topics
- Leave to Appeal, Review of Arbitration Award, Reasonable Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
K M Lawrence
Applicant
Mutual and Federal (Pty) Ltd
Respondent
L Shear
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review of Arbitration Award
Legal Issues
- 1 Whether the applicant has reasonable prospects of success on appeal.
- 2 Whether leave to appeal should be granted against the dismissal of the review application.
Ratio Decidendi
The court considered the grounds for appeal and determined that there is a prospect that the appeal court could arrive at a different conclusion regarding the review and setting aside of the private arbitration award. Accordingly, leave to appeal is granted.
Court Disposition
Leave to appeal is granted. No order as to costs.
Orders
- Leave to appeal is granted.
- There is no order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not Reportable
Case no: JR3308/2011
In the matter between:
K M LAWRENCE......................................................................................................................Applicant
and
MUTUAL AND FEDERAL (PTY) LTD.......................................................................First Respondent
L SHEAR.....................................................................................................................Second Respondent
Decided : In Chambers
Judgment : 11 July 2014
JUDGMENT- APPLICATION FOR LEAVE TO APPEAL
PRINSLOO, AJ
[1] This is an application for leave to appeal against the whole of the judgment of this Court handed down on 9 May 2014 in which the Court dismissed an application for the review and setting aside of a private arbitration award.
[2] The Applicant filed an application for leave to appeal and submitted submissions in terms of the provisions of Rule 30(3A).
[3] The application for leave to appeal is opposed.
[4] It is trite that in order to be entitled to leave to appeal, an applicant in the application for leave to appeal must satisfy this Court that it has reasonable prospects of success on appeal and that based on the facts and the law a court of appeal could arrive at a conclusion different to the conclusion reached by the Court a quo.
[5] I considered the grounds for appeal and I am of the view that there is a prospect that the appeal court could arrive at a different conclusion.
[6] I therefore make the following order:
6.1 Leave to appeal is granted.
6.2 There is no order as to costs.
_________________
Prinsloo, AJ
Acting Judge of the Labour Court of South Africa