Mike Buyskes Construction (Pty) Ltd and Another v Brookhaven Projects CC (28384/14) [2017] ZAGPJHC 91 (9 March 2017)

Mike Buyskes Construction (Pty) Ltd and Another v Brookhaven Projects CC (28384/14) [2017] ZAGPJHC 91 (9 March 2017)

Although the court remains of the view that there is no reasonable prospect of success on appeal, the issues raised by the applicants, including alleged errors in the analysis of facts and the exercise of discretion regarding condonation, constitute compelling reasons for granting leave to appeal. The court is satisfied that the appeal is fairly arguable and, in the interests of justice, grants leave to appeal to the Full Bench of the Division.

Citation
[2017] ZAGPJHC 91
Parties
Applicant: Mike Buyskes Construction (Pty) Ltd; Applicant: Derek Bonheim; Respondent: Brookhaven Projects CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 March 2017
Case Number
28384/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Review Judgment
Outcome
Leave to appeal granted to the Full Bench of the Division; costs to be costs in the appeal.
Judges
M A Makume
Legal Topics
Leave to Appeal, Arbitration Review, Condonation, Judicial Discretion
Civil Procedure Leave to Appeal Arbitration Review Condonation Judicial Discretion

Case Brief

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Parties

Mike Buyskes Construction (Pty) Ltd

Applicant

Derek Bonheim

Applicant

Brookhaven Projects CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Review Judgment

Legal Issues

  1. 1 Whether there is a reasonable prospect of success on appeal against the review judgment setting aside the arbitration award.
  2. 2 Whether there are compelling reasons for granting leave to appeal despite the court's view on prospects of success.
  3. 3 Whether the court erred in its analysis of facts and application of discretion regarding condonation.

Ratio Decidendi

Although the court remains of the view that there is no reasonable prospect of success on appeal, the issues raised by the applicants, including alleged errors in the analysis of facts and the exercise of discretion regarding condonation, constitute compelling reasons for granting leave to appeal. The court is satisfied that the appeal is fairly arguable and, in the interests of justice, grants leave to appeal to the Full Bench of the Division.

Court Disposition

Leave to appeal granted to the Full Bench of the Division; costs to be costs in the appeal.

Orders

  • Application for leave to appeal is granted.
  • The appeal shall be heard by the Full Bench of this Division.