Soley and Others v University of Pretoria and Another (J 579/11) [2013] ZALCJHB 94 (20 March 2013)

Soley and Others v University of Pretoria and Another (J 579/11) [2013] ZALCJHB 94 (20 March 2013)

The court held that the interlocutory orders dismissing the application to stay and the application to amend did not satisfy the criteria for appealability. These orders were not final in effect, did not definitively determine the rights of the parties, and did not dispose of any substantial portion of the relief claimed in the main proceedings. The application for leave to amend was premature, as the relevant issues had not yet arisen and could be raised at a later stage if necessary. The court emphasized that the Professors were entitled to have their dispute resolved expeditiously and that the interests of justice required the matter to proceed to trial. Costs were awarded against the...

Citation
[2013] ZALCJHB 94
Parties
Applicant: Professor Soley J.T; Applicant: Dr Van Staden S.L; Applicant: Professor Booth K; Respondent: University of Pretoria; Respondent: Professor Madekurozwa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 March 2013
Case Number
J 579/11
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Interlocutory Orders
Outcome
Application for leave to appeal dismissed with costs.
Judges
AC Basson
Legal Topics
Interlocutory Orders, Leave to Appeal, Amendment of Pleadings, Costs Award
Civil Procedure Labour Law Interlocutory Orders Leave to Appeal Amendment of Pleadings Costs Award

Case Brief

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Parties

Professor Soley J.T

Applicant

Dr Van Staden S.L

Applicant

Professor Booth K

Applicant

University of Pretoria

Respondent

Professor Madekurozwa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Interlocutory Orders

Legal Issues

  1. 1 Are the interlocutory orders made by the Labour Court appealable?
  2. 2 Was the application for leave to amend the response to the statement of claim premature?
  3. 3 Should costs be awarded in the application for leave to appeal?

Ratio Decidendi

The court held that the interlocutory orders dismissing the application to stay and the application to amend did not satisfy the criteria for appealability. These orders were not final in effect, did not definitively determine the rights of the parties, and did not dispose of any substantial portion of the relief claimed in the main proceedings. The application for leave to amend was premature, as the relevant issues had not yet arisen and could be raised at a later stage if necessary. The court emphasized that the Professors were entitled to have their dispute resolved expeditiously and that the interests of justice required the matter to proceed to trial. Costs were awarded against the...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • Costs are awarded against the University of Pretoria.