Prime Fund Managers (Pty) Ltd v Rowan Angel (Pty) Ltd and Another (27283/2012) [2014] ZAGPPHC 81; [2014] 2 All SA 227 (GNP) (28 February 2014)

Prime Fund Managers (Pty) Ltd v Rowan Angel (Pty) Ltd and Another (27283/2012) [2014] ZAGPPHC 81; [2014] 2 All SA 227 (GNP) (28 February 2014)

The court held that the arbitration award dated 14 February 2012 is valid and should be made an order of court under section 31(1) of the Arbitration Act. The award is declaratory and does not order payment of a quantified sum, but this does not render it unenforceable or premature. The quantification of the claim has been referred to further arbitration, which is permissible under the contract and the Act. The respondent's objections based on prescription, illegality, and conflicting orders are unfounded. The award creates new rights and obligations, and prescription only begins to run from the date of the award. There is insufficient evidence to establish that the agreement contravened...

Citation
[2014] ZAGPPHC 81
Parties
Applicant: Prime Fund Managers (Pty) Ltd; Respondent: Rowan Angel (Pty) Ltd; Respondent: Adv Nic van der Walt SC N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 February 2014
Case Number
27283/2012
Procedural Posture
Review Application / Application to Make Arbitration Award an Order of Court
Outcome
Application granted. The time for making the award is extended, and the arbitration award is made an order of court. Costs awarded to the applicant.
Judges
Murphy
Legal Topics
Arbitration Act Enforcement, Declaratory Relief, Illegality of Contract, Prescription, Res Judicata, Medical Schemes Act
Civil Procedure Commercial and Corporate Arbitration Act Enforcement Declaratory Relief Illegality of Contract Prescription Res Judicata Medical Schemes Act

Case Brief

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Parties

Prime Fund Managers (Pty) Ltd

Applicant

Rowan Angel (Pty) Ltd

Respondent

Adv Nic van der Walt SC N.O.

Respondent

Procedural Posture

Review Application / Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the arbitration award dated 14 February 2012 should be made an order of court under section 31(1) of the Arbitration Act.
  2. 2 Whether the award is invalid due to illegality under the Medical Schemes Act.
  3. 3 Whether the award is unenforceable due to prescription of the underlying claim.

Ratio Decidendi

The court held that the arbitration award dated 14 February 2012 is valid and should be made an order of court under section 31(1) of the Arbitration Act. The award is declaratory and does not order payment of a quantified sum, but this does not render it unenforceable or premature. The quantification of the claim has been referred to further arbitration, which is permissible under the contract and the Act. The respondent's objections based on prescription, illegality, and conflicting orders are unfounded. The award creates new rights and obligations, and prescription only begins to run from the date of the award. There is insufficient evidence to establish that the agreement contravened...

Court Disposition

Application granted. The time for making the award is extended, and the arbitration award is made an order of court. Costs awarded to the applicant.

Orders

  • The time for making the award by the second respondent is extended to 15 February 2012 under section 23 of the Arbitration Act.
  • The award of the second respondent dated 14 February 2012 is made an order of this court under section 31(1) of the Arbitration Act.