Powertech Transformers (Pty) Ltd (formerly ABB Powertech Transformers (Pty) Ltd) v Metal and Engineering Industrial Bargaining Council and Others (JR1250/09) [2013] ZALCJHB 18 (12 February 2013)

Powertech Transformers (Pty) Ltd (formerly ABB Powertech Transformers (Pty) Ltd) v Metal and Engineering Industrial Bargaining Council and Others (JR1250/09) [2013] ZALCJHB 18 (12 February 2013)

The court found that the default judgment was erroneously granted because the judge was unaware that the application to dismiss the review was opposed and that an answering affidavit had been properly served and filed, though not present in the court file. The administrative mishap at Regus prevented the notice of set down from reaching the applicant's attorneys, and this was not attributable to wilful default or gross negligence. The applicant demonstrated good cause for rescission, including a bona fide defence and reasonable prospects of success. The delay in filing the rescission application was minimal and reasonably explained, and condonation was granted. The interests of justice...

Citation
[2013] ZALCJHB 18
Parties
Applicant: Powertech Transformers (Pty) Ltd (formerly ABB Powertech Transformers (Pty) Ltd); Respondent: Metal and Engineering Industrial Bargaining Council; Respondent: Commissioner Zodwa Ndladla; Respondent: NUMSA obo Jorasiah Motubatse
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 February 2013
Case Number
JR1250/09
Procedural Posture
Review Application / Application for Rescission of Default Judgment and Order
Outcome
Application for rescission granted; default judgment and order rescinded.
Judges
Seedat
Legal Topics
Rescission of Judgment, Default Judgment, Good Cause, Wilful Default, Condonation, Unfair Dismissal
Labour Law Civil Procedure Rescission of Judgment Default Judgment Good Cause Wilful Default Condonation Unfair Dismissal

Case Brief

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Parties

Powertech Transformers (Pty) Ltd (formerly ABB Powertech Transformers (Pty) Ltd)

Applicant

Metal and Engineering Industrial Bargaining Council

Respondent

Commissioner Zodwa Ndladla

Respondent

NUMSA obo Jorasiah Motubatse

Respondent

Procedural Posture

Review Application / Application for Rescission of Default Judgment and Order

Legal Issues

  1. 1 Whether the default judgment and order granted on 25 January 2012 was erroneously granted in terms of rule 16A(1)(a) and section 165 of the Labour Relations Act.
  2. 2 Whether good cause was established for rescission under rule 16A(1)(b).
  3. 3 Whether the applicant was in wilful default or grossly negligent in failing to attend the hearing.

Ratio Decidendi

The court found that the default judgment was erroneously granted because the judge was unaware that the application to dismiss the review was opposed and that an answering affidavit had been properly served and filed, though not present in the court file. The administrative mishap at Regus prevented the notice of set down from reaching the applicant's attorneys, and this was not attributable to wilful default or gross negligence. The applicant demonstrated good cause for rescission, including a bona fide defence and reasonable prospects of success. The delay in filing the rescission application was minimal and reasonably explained, and condonation was granted. The interests of justice...

Court Disposition

Application for rescission granted; default judgment and order rescinded.

Orders

  • The order granted on 25 January 2012 is rescinded.
  • The third respondent may, if it so desires, serve its replying affidavit to the applicant's answering affidavit within seven days of this judgment.