One Asset Professional Engineering Services (Pty) Ltd t/a GE Power (JS926-18) [2021] ZALCJHB 112 (27 May 2021)

One Asset Professional Engineering Services (Pty) Ltd t/a GE Power (JS926-18) [2021] ZALCJHB 112 (27 May 2021)

The court accepted the applicant's explanation for the late filing of heads of argument and granted condonation. It found that the second respondent has a direct and substantial interest in the main proceedings and ordered its joinder. Regarding security for costs, the court determined that the applicant's computation of R200,000 was reasonable and not inflated, and the respondent failed to provide evidence to support a lower amount. The court ordered the first respondent to furnish security in the amount of R200,000. The applicant was granted leave to file a supplementary affidavit detailing the computation of costs. No costs order was made in respect of the interlocutory applications,...

Citation
[2021] ZALCJHB 112
Parties
Applicant: One Asset Professional Engineering Services (Pty) Ltd t/a GE Power; Respondent: Slimane Bouktab; Respondent: Alstom S&E Africa (Pty) Ltd t/a GE Power
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 May 2021
Case Number
JS926-18
Procedural Posture
Interlocutory Application / Application for Condonation, Joinder, and Security for Costs
Outcome
Condonation granted for late filing; second respondent joined; first respondent ordered to furnish R200,000 security for costs; proceedings stayed pending compliance; leave granted to supplement affidavit; no costs order made.
Judges
F. Coetzee
Legal Topics
Security for Costs, Joinder of Parties, Condonation, Interlocutory Relief
Civil Procedure Labour Law Security for Costs Joinder of Parties Condonation Interlocutory Relief

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Parties

One Asset Professional Engineering Services (Pty) Ltd t/a GE Power

Applicant

Slimane Bouktab

Respondent

Alstom S&E Africa (Pty) Ltd t/a GE Power

Respondent

Procedural Posture

Interlocutory Application / Application for Condonation, Joinder, and Security for Costs

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of heads of argument.
  2. 2 Whether the second respondent should be joined to the proceedings.
  3. 3 What quantum of security for costs should be ordered against the first respondent.

Ratio Decidendi

The court accepted the applicant's explanation for the late filing of heads of argument and granted condonation. It found that the second respondent has a direct and substantial interest in the main proceedings and ordered its joinder. Regarding security for costs, the court determined that the applicant's computation of R200,000 was reasonable and not inflated, and the respondent failed to provide evidence to support a lower amount. The court ordered the first respondent to furnish security in the amount of R200,000. The applicant was granted leave to file a supplementary affidavit detailing the computation of costs. No costs order was made in respect of the interlocutory applications,...

Court Disposition

Condonation granted for late filing; second respondent joined; first respondent ordered to furnish R200,000 security for costs; proceedings stayed pending compliance; leave granted to supplement affidavit; no costs order made.

Orders

  • The applicant is granted leave to supplement the founding affidavit with a supplementary affidavit.
  • The first respondent Slimane Bouktab is ordered to furnish the applicant with security for costs in the amount of R200,000.