Mofokeng and Others v JAC Pallets Africa CC and Others (J1990/07) [2009] ZALCJHB 114 (27 July 2009)

Mofokeng and Others v JAC Pallets Africa CC and Others (J1990/07) [2009] ZALCJHB 114 (27 July 2009)

The application for leave to appeal was dismissed because the order sought to be appealed was interlocutory in nature and did not finally dispose of the rights of the parties. The postponement and amendment orders were procedural and intended to facilitate the proper ventilation of the main dispute, not to resolve it. The only final aspect of the previous order was the costs order, which the applicants did not challenge. The applicants failed to comply with the previous order to join the liquidator, causing unnecessary delay. There was no reasonable prospect that another court would reach a different conclusion, as the facts clearly established the liquidation and the necessity of joining...

Citation
[2009] ZALCJHB 114
Parties
Applicant: Mofokeng, Jantjie & 12 Others; Respondent: JAC Pallets Africa CC; Respondent: JAC Pallets; Respondent: International Esate Wines (Taiwan) CC; Respondent: International Estate Wines; Respondent: International Esate Wines (Taiwan) CC t/a JAC Pallets; Respondent: Jan Gabriel Koekemoer; Respondent: Commissioner Bonge Masote; Respondent: Commission for Conciliation, Mediation & Arbitration (The CCMA)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 July 2009
Case Number
J1990/07
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court Following an Interlocutory Order Postponing the Matter and Ordering Amendment and Costs.
Outcome
Application for leave to appeal dismissed with costs.
Judges
AC Basson
Legal Topics
Appealability of Interlocutory Orders, Liquidation and Non Joinder, Costs in Labour Court, Leave to Appeal, Procedural Fairness
Labour Law Civil Procedure Appealability of Interlocutory Orders Liquidation and Non Joinder Costs in Labour Court Leave to Appeal Procedural Fairness

Case Brief

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Parties

Mofokeng, Jantjie & 12 Others

Applicant

JAC Pallets Africa CC

Respondent

JAC Pallets

Respondent

International Esate Wines (Taiwan) CC

Respondent

International Estate Wines

Respondent

International Esate Wines (Taiwan) CC t/a JAC Pallets

Respondent

Jan Gabriel Koekemoer

Respondent

Commissioner Bonge Masote

Respondent

Commission for Conciliation, Mediation & Arbitration (The CCMA)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court Following an Interlocutory Order Postponing the Matter and Ordering Amendment and Costs.

Legal Issues

  1. 1 Whether the interlocutory order postponing the matter and ordering amendment is appealable to the Labour Appeal Court.
  2. 2 Whether the applicants' failure to join the liquidator and amend papers justified the costs order.
  3. 3 Whether there is a reasonable prospect that another court would reach a different conclusion.

Ratio Decidendi

The application for leave to appeal was dismissed because the order sought to be appealed was interlocutory in nature and did not finally dispose of the rights of the parties. The postponement and amendment orders were procedural and intended to facilitate the proper ventilation of the main dispute, not to resolve it. The only final aspect of the previous order was the costs order, which the applicants did not challenge. The applicants failed to comply with the previous order to join the liquidator, causing unnecessary delay. There was no reasonable prospect that another court would reach a different conclusion, as the facts clearly established the liquidation and the necessity of joining...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of this application.