Mbekela v Airvantage (Pty) Limited (JS927/16) [2019] ZALCJHB 87 (18 April 2019)

Mbekela v Airvantage (Pty) Limited (JS927/16) [2019] ZALCJHB 87 (18 April 2019)

The respondent failed to comply with its undertaking at the pre-trial conference to apply for condonation for the late delivery of its statement of response. At the time of trial, no condonation application had been properly brought, and the attempt to move condonation from the bar was procedurally defective, lacking any explanation under oath. The court found no reasonable prospect that another court would reach a different conclusion, especially given the absence of a novel legal issue or misapplication of law or fact. The application for leave to appeal was therefore refused, and costs were awarded against the respondent due to the unmeritorious nature of the application and the...

Citation
[2019] ZALCJHB 87
Parties
Applicant: Unathi Viwe Mbekela; Respondent: Airvantage (Pty) Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 April 2019
Case Number
JS927/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Ex Tempore Judgment and Order Postponing Matter Sine Die With Costs.
Outcome
Application for leave to appeal dismissed with costs.
Judges
P Nkutha-Nkontwana
Legal Topics
Condonation, Leave to Appeal, Punitive Costs, Default Judgment
Labour Law Civil Procedure Condonation Leave to Appeal Punitive Costs Default Judgment

Case Brief

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Parties

Unathi Viwe Mbekela

Applicant

Airvantage (Pty) Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Ex Tempore Judgment and Order Postponing Matter Sine Die With Costs.

Legal Issues

  1. 1 Whether the respondent should be granted leave to appeal against the order postponing the matter sine die and awarding costs on an attorney-client scale.
  2. 2 Whether the respondent was entitled to move an application for condonation from the bar at trial commencement.
  3. 3 Whether the respondent provided a sufficient explanation for the late filing of its statement of response.

Ratio Decidendi

The respondent failed to comply with its undertaking at the pre-trial conference to apply for condonation for the late delivery of its statement of response. At the time of trial, no condonation application had been properly brought, and the attempt to move condonation from the bar was procedurally defective, lacking any explanation under oath. The court found no reasonable prospect that another court would reach a different conclusion, especially given the absence of a novel legal issue or misapplication of law or fact. The application for leave to appeal was therefore refused, and costs were awarded against the respondent due to the unmeritorious nature of the application and the...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.