Swanepoel and Others v Leica Geosystems AG and Others (J2454/13) [2014] ZALCJHB 316 (20 August 2014)

Swanepoel and Others v Leica Geosystems AG and Others (J2454/13) [2014] ZALCJHB 316 (20 August 2014)

The court found that the applicants failed to establish reasonable prospects that the Labour Appeal Court would reach a different conclusion regarding the costs order. The applicants had abandoned their main claim against the First Respondent prior to the urgent hearing, and their persistence in seeking a costs...

Source-derived case information.

Citation
[2014] ZALCJHB 316
Parties
Applicant: Jan Hendrik Swanepoel; Applicant: Persons listed in Annexure 'A' hereto; Respondent: Leica Geosystems AG; Respondent: Aciel Geomatic (Pty) Ltd; Respondent: Geosystems Africa (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 August 2014
Case Number
J2454/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Urgent Application Struck From Roll
Outcome
Application for leave to appeal dismissed; no order as to costs.
Judges
Tlhotlhalemaje
Legal Topics
Costs Award, Section 197 Transfer, Court Discretion, Law and Fairness
Labour Law Civil Procedure Costs Award Section 197 Transfer Court Discretion Law and Fairness

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Summary, issues, holding and outcome

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Parties

Jan Hendrik Swanepoel

Applicant

Persons listed in Annexure 'A' hereto

Applicant

Leica Geosystems AG

Respondent

Aciel Geomatic (Pty) Ltd

Respondent

Geosystems Africa (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Urgent Application Struck From Roll

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success in appealing the costs order.
  2. 2 Whether the Labour Court exercised its discretion on costs improperly or unfairly.
  3. 3 Whether the alleged failure of the First Respondent to provide information justified the costs order against the applicants.

Ratio Decidendi

The court found that the applicants failed to establish reasonable prospects that the Labour Appeal Court would reach a different conclusion regarding the costs order. The applicants had abandoned their main claim against the First Respondent prior to the urgent hearing, and their persistence in seeking a costs order was not justified. The alleged failure to obtain information from the First Respondent did not warrant a costs order, especially in the absence of a substantive application for such information. The court held that the applicants' actions were unreasonable and that the discretion to award costs was properly exercised. There was no basis for the Labour Appeal Court to...

Court Disposition

Application for leave to appeal dismissed; no order as to costs.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.