McCarthy v Sundowns Football Club and Others (J4373/02) [2002] ZALC 183 (4 November 2002)

McCarthy v Sundowns Football Club and Others (J4373/02) [2002] ZALC 183 (4 November 2002)

The court found that no valid contract existed between the applicant and Sundowns Football Club because the NSL rules require a written and signed agreement, which was absent. The urgency of the application was justified in the interests of justice, and Sundowns was not denied a fair opportunity to present its case, as no further evidence would have altered the outcome. The Labour Court retained jurisdiction despite the NSL's arbitration clause, as the court has discretion to entertain urgent matters even where arbitration is available. Arguments raised by Sundowns at the leave to appeal stage were either not presented at the hearing or were irrelevant to the determination of the...

Citation
[2002] ZALC 183
Parties
Applicant: Fabian McCarthy; Respondent: Sundowns Football Club; Respondent: NSL; Respondent: SAFA
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
4 November 2002
Case Number
J4373/02
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Outcome
Leave to appeal is refused with costs.
Judges
Waglay
Legal Topics
Contractual Validity, Urgency, Arbitration Clause, Jurisdiction, Nsl Rules
Labour Law Civil Procedure Contractual Validity Urgency Arbitration Clause Jurisdiction Nsl Rules

Case Brief

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Parties

Fabian McCarthy

Applicant

Sundowns Football Club

Respondent

NSL

Respondent

SAFA

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment

Legal Issues

  1. 1 Whether the application was correctly found to be urgent.
  2. 2 Whether a valid contract existed between the applicant and Sundowns Football Club.
  3. 3 Whether the Labour Court had jurisdiction despite the NSL's arbitration provisions.

Ratio Decidendi

The court found that no valid contract existed between the applicant and Sundowns Football Club because the NSL rules require a written and signed agreement, which was absent. The urgency of the application was justified in the interests of justice, and Sundowns was not denied a fair opportunity to present its case, as no further evidence would have altered the outcome. The Labour Court retained jurisdiction despite the NSL's arbitration clause, as the court has discretion to entertain urgent matters even where arbitration is available. Arguments raised by Sundowns at the leave to appeal stage were either not presented at the hearing or were irrelevant to the determination of the...

Court Disposition

Leave to appeal is refused with costs.

Orders

  • Leave to appeal is refused.
  • The first respondent is ordered to pay the costs of the application for leave to appeal.