Newton v West Park Spar (JA84/99) [2002] ZALAC 36; [2002] 8 BLLR 689 (LAC) (20 December 2002)

Newton v West Park Spar (JA84/99) [2002] ZALAC 36; [2002] 8 BLLR 689 (LAC) (20 December 2002)

The Labour Appeal Court held that, although there is no statutory time limit for lodging the appeal record in matters from the Industrial Court, the appellant is required to act with reasonable expedition. The record was complete except for the transcript of oral argument on 31 May 1999, which could not be reconstructed as the presiding officer's bench notes had been destroyed. The Court found that the appeal could proceed on the available record, and that any deficiency regarding the oral argument would be addressed during the hearing. The respondent was ordered to lodge the appeal record by a fixed date, failing which the appeal would be deemed to have lapsed. No order was made on the...

Citation
[2002] ZALAC 36
Parties
Applicant: James William Henry Newton; Respondent: West Park Spar
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
20 December 2002
Case Number
JA84/99
Procedural Posture
Civil Appeal / Application for Directions Regarding Prosecution of Appeal; Interlocutory Orders
Outcome
Interlocutory orders granted; directions issued for prosecution of appeal; no costs order.
Judges
R.G. Comrie, C.R. Nicholson, M.T.R. Mogoeng
Legal Topics
Unfair Dismissal, Appeal Record Lodgement, Default Judgment, Rescission of Judgment
Labour Law Civil Procedure Unfair Dismissal Appeal Record Lodgement Default Judgment Rescission of Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

James William Henry Newton

Applicant

West Park Spar

Respondent

Procedural Posture

Civil Appeal / Application for Directions Regarding Prosecution of Appeal; Interlocutory Orders

Legal Issues

  1. 1 Whether the respondent/appellant has unduly delayed the prosecution of the appeal.
  2. 2 Whether the appeal should be deemed to have lapsed due to failure to lodge the appeal record.
  3. 3 Whether the Registrar should set the appeal down for hearing on the available record.

Ratio Decidendi

The Labour Appeal Court held that, although there is no statutory time limit for lodging the appeal record in matters from the Industrial Court, the appellant is required to act with reasonable expedition. The record was complete except for the transcript of oral argument on 31 May 1999, which could not be reconstructed as the presiding officer's bench notes had been destroyed. The Court found that the appeal could proceed on the available record, and that any deficiency regarding the oral argument would be addressed during the hearing. The respondent was ordered to lodge the appeal record by a fixed date, failing which the appeal would be deemed to have lapsed. No order was made on the...

Court Disposition

Interlocutory orders granted; directions issued for prosecution of appeal; no costs order.

Orders

  • The respondent is ordered to lodge the record of the appeal (without a transcript or other note in respect of 31 May 1999) with the Registrar of this Court by not later than 31 May 2002, failing which the appeal will be deemed to have lapsed.
  • Upon timeous receipt of the foregoing record of appeal, the Registrar is directed to set the appeal down for hearing.