National Union of Metalworkers of South Africa v Gabriels (Pty) Ltd (C 523/01) [2003] ZALC 15 (23 January 2003)
The court found that, as the applicant did not oppose the respondent's application for costs and there was no reason to refuse the relief sought, the applicants should be ordered to pay the respondent's costs of suit jointly and severally, excluding the costs of the exception decided on 2 September 2002.
Source-derived case information.
- Citation
- [2003] ZALC 15
- Parties
- Applicant: National Union of Metalworkers of South Africa; Respondent: Gabriels (Pty) Ltd
- Court
- Labour Court
- Jurisdiction
- South Africa
- Case Number
- C 523/01
- Procedural Posture
- Costs Application / Post Judgment Costs Determination
- Outcome
- Costs awarded against the applicants, jointly and severally, excluding costs of the exception decided on 2 September 2002.
- Judges
- D B Ntsebeza
- Legal Topics
- Costs Award, Joint and Several Liability
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Union of Metalworkers of South Africa
Applicant
Gabriels (Pty) Ltd
Respondent
Procedural Posture
Costs Application / Post Judgment Costs Determination
Legal Issues
- 1 Whether the applicants should be ordered to pay the respondent's costs of suit jointly and severally, excluding the costs of the exception decided on 2 September 2002.
Ratio Decidendi
The court found that, as the applicant did not oppose the respondent's application for costs and there was no reason to refuse the relief sought, the applicants should be ordered to pay the respondent's costs of suit jointly and severally, excluding the costs of the exception decided on 2 September 2002.
Court Disposition
Costs awarded against the applicants, jointly and severally, excluding costs of the exception decided on 2 September 2002.
Orders
- The applicants in the main case are ordered to pay the respondent's costs of suit, jointly and severally, one paying the other to be absolved, such costs to exclude the costs of the exception decided on 2 September 2002.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA
HELD AT CAPE TOWN
CASE NO: C 523/01
Date: 23 January 2003
In the matter between:
NATIONAL UNION OF METALWORKERS OF SOUTH AFRICA Applicant
and
Gabriels (Pty) Ltd Respondent
JUDGMENT
NTSEBEZA, AJ:
[1] In this matter there is an application by the respondent in terms of the notice of motion dated 7 November 2002 in which the respondent is seeking an order that I should direct the applicants to pay its costs of suit jointly and severally the one paying, the other to be absolved, such costs to exclude the costs of the exception decided on 2 September 2002.
[2] There is obviously a history to this matter but in the view that I take, I do not consider that it is necessary for me to venture into the history. I do so with confidence because Mr Vazi, who is the NUMSA representative and who appeared for the union, has also indicated that the first applicant (respondent in these proceedings) is not opposing the respondentâs prayer for the relief sought in the notice of motion referred to hereinabove.
[3] In the circumstances and having heard counsel for respondent, I order as follows:
3.1 The applicants in the main case are ordered to pay the respondentâs costs of suit, jointly and severally, one paying the other to be absolved, such costs to exclude the costs of the exception decided on 2 September 2002.
________________________________________
D B NTSEBEZA
Acting Judge of the Labour Court of South Africa
Date of Hearing: â¦â¦â¦â¦â¦â¦â¦â¦â¦â¦â¦â¦.
Date of Judgment: 23 JANUARY 2003
For the Applicant: NIKKITA VAZI
Instructed by: NUMSA
SALT RIVER