Pakiry v Extreme Cosmetics (JS 943/09) [2011] ZALCJHB 256 (28 February 2011)

Pakiry v Extreme Cosmetics (JS 943/09) [2011] ZALCJHB 256 (28 February 2011)

The court found that the delay of 26 days in filing the statement of case was not excessive and that the applicant provided a reasonable and acceptable explanation for the delay, including the withdrawal of her previous attorney and the process of obtaining legal insurance. The applicant took active steps to expedite the matter. Accordingly, condonation for the late filing was granted. Costs were awarded to follow the result.

Citation
[2011] ZALCJHB 256
Parties
Applicant: Shamani Pakiry; Respondent: Extreme Cosmetics
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 February 2011
Case Number
JS 943/09
Procedural Posture
Condonation Application / Order on Condonation for Late Filing of Statement of Case
Outcome
Condonation for the late filing of the statement of case is granted with costs.
Judges
Molahlehi
Legal Topics
Condonation, Late Filing, Statement of Case, Good Cause, Costs Award
Labour Law Civil Procedure Condonation Late Filing Statement of Case Good Cause Costs Award

Case Brief

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Parties

Shamani Pakiry

Applicant

Extreme Cosmetics

Respondent

Procedural Posture

Condonation Application / Order on Condonation for Late Filing of Statement of Case

Legal Issues

  1. 1 Whether the applicant has shown good cause for the late filing of the statement of case.
  2. 2 Whether the delay of 26 days in filing the statement of case should be condoned.
  3. 3 Whether costs should follow the result of the condonation application.

Ratio Decidendi

The court found that the delay of 26 days in filing the statement of case was not excessive and that the applicant provided a reasonable and acceptable explanation for the delay, including the withdrawal of her previous attorney and the process of obtaining legal insurance. The applicant took active steps to expedite the matter. Accordingly, condonation for the late filing was granted. Costs were awarded to follow the result.

Court Disposition

Condonation for the late filing of the statement of case is granted with costs.

Orders

  • The late filing of the statement of case is condoned.
  • Costs are awarded in favour of the applicant.