Scarliweb (Pty) Ltd t/a Cooling Solutions Projects and Another v Sedtrade (Pty) Ltd (Reg No: 2004/014721/07) and Others (1953/2020) [2021] ZANCHC 40 (30 July 2021)

Scarliweb (Pty) Ltd t/a Cooling Solutions Projects and Another v Sedtrade (Pty) Ltd (Reg No: 2004/014721/07) and Others (1953/2020) [2021] ZANCHC 40 (30 July 2021)

The court found that the adjudicator's decision, which determined that no penalty was due and that the applicants were entitled to payment for services rendered, is binding and enforceable despite Sedtrade's notice of dissatisfaction and intention to pursue arbitration or litigation. The submission of the adjudicator's report satisfied the requirement to report on the resolution of the dispute as ordered previously. The court held that the applicants are entitled to payment of the amounts due, and that the exact figures can be confirmed and finalised by the parties based on available records. The rule nisi was confirmed, and Sedtrade was ordered to pay the amounts due to the applicants,...

Citation
[2021] ZANCHC 40
Parties
Applicant: Scarliweb (Pty) Ltd t/a Cooling Solutions Projects; Applicant: Roburn Construction CC; Respondent: Sedtrade (Pty) Ltd (Reg No: 2004/014721/07); Respondent: Sol Plaatje University; Respondent: AECOM South Africa; Respondent: The Standard Bank of South Africa Limited
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
30 July 2021
Case Number
1953/2020
Procedural Posture
Urgent Application / Return Day for Confirmation of Rule Nisi After Interim Relief Granted
Outcome
Rule nisi confirmed. First respondent ordered to pay amounts due to applicants with costs, including costs of previous appearances.
Judges
Mamosebo
Legal Topics
Interdict, Subcontractor Payment, Adjudication Enforcement, Urgent Application, Contractual Penalties
Civil Procedure Commercial and Corporate Interdict Subcontractor Payment Adjudication Enforcement Urgent Application Contractual Penalties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Scarliweb (Pty) Ltd t/a Cooling Solutions Projects

Applicant

Roburn Construction CC

Applicant

Sedtrade (Pty) Ltd (Reg No: 2004/014721/07)

Respondent

Sol Plaatje University

Respondent

AECOM South Africa

Respondent

The Standard Bank of South Africa Limited

Respondent

Procedural Posture

Urgent Application / Return Day for Confirmation of Rule Nisi After Interim Relief Granted

Legal Issues

  1. 1 Whether the applicants are entitled to payment of amounts due under the subcontract following adjudication.
  2. 2 Whether the adjudicator's decision is binding and enforceable pending arbitration or litigation.
  3. 3 Whether the rule nisi should be confirmed to allow payment to the applicants.

Ratio Decidendi

The court found that the adjudicator's decision, which determined that no penalty was due and that the applicants were entitled to payment for services rendered, is binding and enforceable despite Sedtrade's notice of dissatisfaction and intention to pursue arbitration or litigation. The submission of the adjudicator's report satisfied the requirement to report on the resolution of the dispute as ordered previously. The court held that the applicants are entitled to payment of the amounts due, and that the exact figures can be confirmed and finalised by the parties based on available records. The rule nisi was confirmed, and Sedtrade was ordered to pay the amounts due to the applicants,...

Court Disposition

Rule nisi confirmed. First respondent ordered to pay amounts due to applicants with costs, including costs of previous appearances.

Orders

  • Para 2.4 of the rule nisi is confirmed.
  • Sedtrade (Pty) Ltd is ordered to pay the amounts due to the applicants for services rendered.