Murray & Roberts Limited v SASOL South Africa (Pty) Ltd (2019/20801) [2020] ZAGPJHC 268 (16 April 2020)

Murray & Roberts Limited v SASOL South Africa (Pty) Ltd (2019/20801) [2020] ZAGPJHC 268 (16 April 2020)

The court held that the adjudicator's decision on Dispute 16 is binding and enforceable unless and until revised by the tribunal, in accordance with the contract. The adjudicator did not exceed his powers by reviewing the Project Manager's inaction in light of new facts established by the arbitration award. The principles established in the arbitration award regarding PMC200 and the timesheets apply to all relevant assessments, and the Project Manager was obliged to reassess earlier decisions accordingly. Sasol's delivery of a notice of dissatisfaction does not relieve it from the obligation to comply with the adjudicator's decision. The adjudicator acted within the prescribed time...

Citation
[2020] ZAGPJHC 268
Parties
Applicant: Murray & Roberts Limited; Respondent: SASOL South Africa (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 April 2020
Case Number
2019/20801
Procedural Posture
Urgent Application / Application to Enforce Adjudicator's Decision and Counter Application to Enforce Earlier Adjudicator Decisions
Outcome
Application granted; counter-application dismissed with costs.
Judges
S E Weiner
Legal Topics
Construction Contracts, Adjudication Enforcement, Arbitration Award, Contractual Obligation, Mutual Trust and Cooperation
Commercial and Corporate Civil Procedure Construction Contracts Adjudication Enforcement Arbitration Award Contractual Obligation Mutual Trust and Cooperation

Case Brief

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Parties

Murray & Roberts Limited

Applicant

SASOL South Africa (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Enforce Adjudicator's Decision and Counter Application to Enforce Earlier Adjudicator Decisions

Legal Issues

  1. 1 Whether the adjudicator's decision (Dispute 16) is binding and enforceable pending arbitration.
  2. 2 Whether the adjudicator exceeded his powers by revisiting earlier decisions in light of the arbitration award.
  3. 3 Whether Sasol is obliged to comply with the adjudicator's decision despite having delivered a notice of dissatisfaction.

Ratio Decidendi

The court held that the adjudicator's decision on Dispute 16 is binding and enforceable unless and until revised by the tribunal, in accordance with the contract. The adjudicator did not exceed his powers by reviewing the Project Manager's inaction in light of new facts established by the arbitration award. The principles established in the arbitration award regarding PMC200 and the timesheets apply to all relevant assessments, and the Project Manager was obliged to reassess earlier decisions accordingly. Sasol's delivery of a notice of dissatisfaction does not relieve it from the obligation to comply with the adjudicator's decision. The adjudicator acted within the prescribed time...

Court Disposition

Application granted; counter-application dismissed with costs.

Orders

  • The respondent shall give immediate effect to the adjudicator's decision delivered on 12 May 2019.
  • The respondent shall make immediate payment to the applicant of the specified amounts plus VAT as set out in the judgment.