Nuweyaarsrivier Landgoed (Pty) Ltd v Akiah & Others (C390/99) [1999] ZALC 141 (1 September 1999)

Nuweyaarsrivier Landgoed (Pty) Ltd v Akiah & Others (C390/99) [1999] ZALC 141 (1 September 1999)

The respondents failed to comply with the explicit time limits set by Judge Revelas' order of 3 September 1999 and did not file any application for condonation or supporting affidavits. Their only action was a premature notice of application for leave to appeal, which was not appropriate as the order was not of final effect. The respondents also failed to file a promised review application. The court found no basis to decline enforcement of the previous order and held that the respondents are precluded from referring the dispute to the Labour Court or CCMA. Costs were awarded against the respondents due to their flagrant and unexplained disregard of the court's order.

Citation
[1999] ZALC 141
Parties
Applicant: Nuweyaarsrivier Landgoed (Pty) Ltd t/a Paarl Brickfields; Respondent: Akiah & Others; Respondent: Awawu
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 September 1999
Case Number
C390/99
Procedural Posture
Urgent Application / Order Following Non Compliance With Previous Court Order
Outcome
Respondents precluded from referring their dispute to the Labour Court or CCMA; costs awarded against respondents.
Judges
MacRobert
Legal Topics
Condonation, Non Compliance With Court Order, Settlement Agreement, Costs Order
Labour Law Civil Procedure Condonation Non Compliance With Court Order Settlement Agreement Costs Order

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 1 Party arguments 2
Sign in to unlock

Parties

Nuweyaarsrivier Landgoed (Pty) Ltd t/a Paarl Brickfields

Applicant

Akiah & Others

Respondent

Awawu

Respondent

Procedural Posture

Urgent Application / Order Following Non Compliance With Previous Court Order

Legal Issues

  1. 1 Whether the respondents complied with the time limits set by the previous court order.
  2. 2 Whether respondents are entitled to refer their dispute to the Labour Court or CCMA after non-compliance.
  3. 3 Whether costs should be awarded against the respondents for non-compliance.

Ratio Decidendi

The respondents failed to comply with the explicit time limits set by Judge Revelas' order of 3 September 1999 and did not file any application for condonation or supporting affidavits. Their only action was a premature notice of application for leave to appeal, which was not appropriate as the order was not of final effect. The respondents also failed to file a promised review application. The court found no basis to decline enforcement of the previous order and held that the respondents are precluded from referring the dispute to the Labour Court or CCMA. Costs were awarded against the respondents due to their flagrant and unexplained disregard of the court's order.

Court Disposition

Respondents precluded from referring their dispute to the Labour Court or CCMA; costs awarded against respondents.

Orders

  • Respondents are precluded from referring their dispute to the Labour Court or the CCMA.
  • Respondents are to pay the costs associated with the hearing, one or more paying, the others to be absolved, including the costs of applicant's attorneys and counsel on the High Court scale and as between attorney and own client.