Sneech v RN Griffin Investments (Pty) Ltd and Others (2011/27920) [2012] ZAGPJHC 125 (14 June 2012)

Sneech v RN Griffin Investments (Pty) Ltd and Others (2011/27920) [2012] ZAGPJHC 125 (14 June 2012)

The court held that the arbitration appeal tribunal did not exceed its powers under the arbitration agreement. The tribunal was mandated to interpret the pleadings and determine the issues arising therefrom, including whether a duty of disclosure existed at the relevant time. The finding that the duty terminated in June 2003 was within the scope of the issues to be decided and did not constitute an irregularity or excess of jurisdiction. The applicant's grievance related to the merits of the decision, not to any procedural irregularity. The application for review was accordingly dismissed.

Citation
[2012] ZAGPJHC 125
Parties
Applicant: Barry Hylton Sneech; Respondent: RN Griffin Investments (Pty) Ltd; Respondent: Rui Miguel Rodrigues Nobre; Respondent: CT Howie; Respondent: JC Kriegler; Respondent: AE Franklin
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 June 2012
Case Number
2011/27920
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs on attorney and client scale.
Judges
Sutherland
Legal Topics
Arbitration Review, Exceeding Powers, Duty of Disclosure, Fiduciary Duty, Pleadings Interpretation
Alternative Dispute Resolution Commercial and Corporate Arbitration Review Exceeding Powers Duty of Disclosure Fiduciary Duty Pleadings Interpretation

Case Brief

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Parties

Barry Hylton Sneech

Applicant

RN Griffin Investments (Pty) Ltd

Respondent

Rui Miguel Rodrigues Nobre

Respondent

CT Howie

Respondent

JC Kriegler

Respondent

AE Franklin

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration appeal tribunal exceeded its powers under the arbitration agreement by deciding issues not arising from the pleadings.
  2. 2 Whether the arbitrator and appeal tribunal committed an irregularity by making findings on grounds not pleaded by the parties.
  3. 3 Whether the duty of disclosure owed by Nobre to Sneech terminated prior to the sale of shares.

Ratio Decidendi

The court held that the arbitration appeal tribunal did not exceed its powers under the arbitration agreement. The tribunal was mandated to interpret the pleadings and determine the issues arising therefrom, including whether a duty of disclosure existed at the relevant time. The finding that the duty terminated in June 2003 was within the scope of the issues to be decided and did not constitute an irregularity or excess of jurisdiction. The applicant's grievance related to the merits of the decision, not to any procedural irregularity. The application for review was accordingly dismissed.

Court Disposition

Application dismissed with costs on attorney and client scale.

Orders

  • The application is dismissed.
  • The applicant will bear the costs of the respondents, including the costs of two counsel.