Rham Equipment (Pty) Ltd v Lloyd and Others (J 720/08) [2008] ZALC 74; (2008) 29 ILJ 3033 (LC) (13 June 2008)

Rham Equipment (Pty) Ltd v Lloyd and Others (J 720/08) [2008] ZALC 74; (2008) 29 ILJ 3033 (LC) (13 June 2008)

The court held that the execution of the arbitration award should be stayed pending the outcome of the applicant's review application. The underlying causa of the writ of execution is in dispute, as the applicant has launched a review of the award and the first respondent has not opposed the application. The...

Source-derived case information.

Citation
[2008] ZALC 74
Parties
Applicant: Rham Equipment (Pty) Ltd; Respondent: Neville Lloyd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: The Sheriff, Kempton Park
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
13 June 2008
Case Number
J 720/08
Procedural Posture
Stay Application / Application for Stay of Execution Pending Review
Outcome
Application for stay of execution granted.
Judges
AC Basson
Legal Topics
Stay of Execution, Review of Arbitration Award, Irreparable Harm, Balance of Convenience
Labour Law Civil Procedure Stay of Execution Review of Arbitration Award Irreparable Harm Balance of Convenience

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rham Equipment (Pty) Ltd

Applicant

Neville Lloyd

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

The Sheriff, Kempton Park

Respondent

Procedural Posture

Stay Application / Application for Stay of Execution Pending Review

Legal Issues

  1. 1 Whether the execution of the arbitration award should be stayed pending the outcome of the applicant's review application.
  2. 2 Whether the applicant will suffer irreparable harm if the sale in execution proceeds before the review is determined.
  3. 3 Whether the underlying causa of the writ of execution is in dispute.

Ratio Decidendi

The court held that the execution of the arbitration award should be stayed pending the outcome of the applicant's review application. The underlying causa of the writ of execution is in dispute, as the applicant has launched a review of the award and the first respondent has not opposed the application. The applicant demonstrated that it would suffer irreparable harm if the sale in execution proceeded, as the value of the attached engine exceeds the amount recoverable and the first respondent is unlikely to be able to repay the amount if the review succeeds. The court found that real and substantial injustice would result if the stay was not granted, and that the applicant would lose its...

Court Disposition

Application for stay of execution granted.

Orders

  • The warrant of execution issued against the applicant is stayed pending the finalization of the review application.
  • The attachment of the John Deere 6068PF 250 6 cylinder engine is uplifted.