SA Solidarity Union and Others v Iliad Africa Trading (Pty) Ltd and Another (J1229/10; J1181/10) [2012] ZALCJHB 144 (17 February 2012)

SA Solidarity Union and Others v Iliad Africa Trading (Pty) Ltd and Another (J1229/10; J1181/10) [2012] ZALCJHB 144 (17 February 2012)

The court found that the applicants failed to establish any legal or factual basis for rescission of the previous costs orders and writs of execution. The allegations of fraud and lack of locus standi were unsupported, as the trading divisions were part of the first respondent, and the applicants did not discharge the onus of proving fraud. The rescission application was out of time and made without condonation, justifying dismissal on procedural grounds alone. Regarding the winding-up application, the court was satisfied that the first respondent was a creditor, the debts remained unpaid, and the applicants were unable to satisfy the debts, as evidenced by the Sheriff's return and lack...

Citation
[2012] ZALCJHB 144
Parties
Applicant: SA Solidarity Union; Applicant: Johannes Masekane and Others; Applicant: Alpheus Modise and Others; Respondent: Iliad Africa Trading (Pty) Ltd; Respondent: E.P. Malan: Sheriff Kempton Park
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 February 2012
Case Number
J1229/10; J1181/10
Procedural Posture
Urgent Application / Judgment on Rescission and Winding Up Applications
Outcome
The rescission and variation application is dismissed with costs. The application for provisional winding-up is granted with costs.
Judges
U Bhoola
Legal Topics
Winding Up of Trade Union, Costs Orders, Rescission of Judgment, Locus Standi, Insolvency Proceedings
Labour Law Civil Procedure Winding Up of Trade Union Costs Orders Rescission of Judgment Locus Standi Insolvency Proceedings

Case Brief

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Parties

SA Solidarity Union

Applicant

Johannes Masekane and Others

Applicant

Alpheus Modise and Others

Applicant

Iliad Africa Trading (Pty) Ltd

Respondent

E.P. Malan: Sheriff Kempton Park

Respondent

Procedural Posture

Urgent Application / Judgment on Rescission and Winding Up Applications

Legal Issues

  1. 1 Whether the applicants have grounds for rescission of previous costs orders and writs of execution.
  2. 2 Whether the first respondent is entitled to a provisional winding-up order against the first applicant under section 104 of the Labour Relations Act.
  3. 3 Whether the first respondent had locus standi to obtain the original orders.

Ratio Decidendi

The court found that the applicants failed to establish any legal or factual basis for rescission of the previous costs orders and writs of execution. The allegations of fraud and lack of locus standi were unsupported, as the trading divisions were part of the first respondent, and the applicants did not discharge the onus of proving fraud. The rescission application was out of time and made without condonation, justifying dismissal on procedural grounds alone. Regarding the winding-up application, the court was satisfied that the first respondent was a creditor, the debts remained unpaid, and the applicants were unable to satisfy the debts, as evidenced by the Sheriff's return and lack...

Court Disposition

The rescission and variation application is dismissed with costs. The application for provisional winding-up is granted with costs.

Orders

  • The rescission and variation application is dismissed, with costs on a scale as between attorney and own client, to be paid by the first applicant.
  • The application for provisional winding-up is granted, with costs on a scale as between attorney and own client, to be paid by the first applicant.