Scarliweb (Pty) Ltd t/a Cooling Solution Projects and Another v Sdtrade (Pty) Limited and Others (1953/2020) [2021] ZANCHC 45 (10 September 2021)

Scarliweb (Pty) Ltd t/a Cooling Solution Projects and Another v Sdtrade (Pty) Limited and Others (1953/2020) [2021] ZANCHC 45 (10 September 2021)

The court found that the adjudicator's award was sufficient to resolve the dispute regarding payment entitlement and that the parties were bound by it. The absence of quantified amounts did not render the order defective, as the actual figures could be found in the parties' records and certificates. The applicant's argument that amplification of the papers or amendment of the notice of motion was required was rejected as unsubstantiated. The grounds for leave to appeal were considered and found to lack reasonable prospects of success. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2021] ZANCHC 45
Parties
Applicant: Scarliweb (Pty) Ltd t/a Cooling Solution Projects; Applicant: Roburn Construction CC; Respondent: Sedtrade (Pty) Limited; Respondent: Sol Plaatje Municipality; Respondent: AECOM South Africa; Respondent: Standard Bank of South Africa Ltd
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
10 September 2021
Case Number
1953/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Bench
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mamosebo
Legal Topics
Leave to Appeal, Adjudicator Award, Quantification of Claim, Rule Nisi, Costs Order
Civil Procedure Commercial and Corporate Leave to Appeal Adjudicator Award Quantification of Claim Rule Nisi Costs Order

Case Brief

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Parties

Scarliweb (Pty) Ltd t/a Cooling Solution Projects

Applicant

Roburn Construction CC

Applicant

Sedtrade (Pty) Limited

Respondent

Sol Plaatje Municipality

Respondent

AECOM South Africa

Respondent

Standard Bank of South Africa Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Bench

Legal Issues

  1. 1 Whether the court erred in confirming paragraph 2.4 of the rule nisi and ordering payment of 'the amounts due' without quantification.
  2. 2 Whether the adjudicator's award was sufficient to resolve the underlying dispute regarding payment entitlement.
  3. 3 Whether amplification of the papers or amendment of the notice of motion was required for quantification.

Ratio Decidendi

The court found that the adjudicator's award was sufficient to resolve the dispute regarding payment entitlement and that the parties were bound by it. The absence of quantified amounts did not render the order defective, as the actual figures could be found in the parties' records and certificates. The applicant's argument that amplification of the papers or amendment of the notice of motion was required was rejected as unsubstantiated. The grounds for leave to appeal were considered and found to lack reasonable prospects of success. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.