Moela v Snackworks (JR211/19) [2021] ZALCJHB 364 (19 October 2021)

Moela v Snackworks (JR211/19) [2021] ZALCJHB 364 (19 October 2021)

The applicant failed to deliver the record of the arbitration proceedings within the prescribed 60-day period. In terms of clause 11.2.3 of the Practice Manual, the application is deemed to have been withdrawn. The respondent was not yet obliged to respond to the notice of motion as the applicant had not delivered the required notice or record. Consequently, there is no review before the Court, and the application is deemed withdrawn.

Citation
[2021] ZALCJHB 364
Parties
Applicant: Matoishi Joseph Moela; Respondent: Snackworks
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 October 2021
Case Number
JR 211/19
Procedural Posture
Review Application / Judgment
Outcome
The review application is deemed withdrawn.
Judges
F. Coetzee
Legal Topics
Review of Arbitration Award, Practice Manual Clause 11 2 3, Late Filing, Withdrawal of Application
Labour Law Civil Procedure Review of Arbitration Award Practice Manual Clause 11 2 3 Late Filing Withdrawal of Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Matoishi Joseph Moela

Applicant

Snackworks

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the review application should be deemed withdrawn due to non-compliance with the Practice Manual.
  2. 2 Whether the respondent was obliged to respond to the notice of motion before the applicant delivered the record.

Ratio Decidendi

The applicant failed to deliver the record of the arbitration proceedings within the prescribed 60-day period. In terms of clause 11.2.3 of the Practice Manual, the application is deemed to have been withdrawn. The respondent was not yet obliged to respond to the notice of motion as the applicant had not delivered the required notice or record. Consequently, there is no review before the Court, and the application is deemed withdrawn.

Court Disposition

The review application is deemed withdrawn.

Orders

  • The review application is deemed to have been withdrawn in terms of clause 11.2.3 of the Practice Manual.