Tas Appointments & Management Services v Mavuso and Others (J11/12) [2012] ZALCJHB 19; (2012) 33 ILJ 2196 (LC) (20 February 2012)

Tas Appointments & Management Services v Mavuso and Others (J11/12) [2012] ZALCJHB 19; (2012) 33 ILJ 2196 (LC) (20 February 2012)

The court found that the applicant's application for urgent interim relief to stay execution of the writ was not justified. The plea of res judicata was dismissed because the relief sought in the present application was materially different from the previous application. The court held that the applicant had a right to apply for rescission, which constituted an underlying causa, and that a prima facie right was established. However, the balance of convenience favoured the first respondents, who had already waited 20 months for the implementation of the arbitration award and would be prejudiced by further delay. The applicant had failed, without valid reason, to prosecute its review...

Citation
[2012] ZALCJHB 19
Parties
Applicant: Tas Appointments & Management Services; Respondent: Nkosikhona Mavuso & 10 Others; Respondent: The Sheriff – Johannesburg Central; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Wynand Stapelberg
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 February 2012
Case Number
J11/12
Procedural Posture
Urgent Application / Application for Urgent Interim Interdict to Stay Execution of Writ Pending Rescission and Review Applications
Outcome
Application dismissed with costs.
Judges
M Z N Lallie
Legal Topics
Stay of Execution, Rescission Application, Review of Arbitration Award, Balance of Convenience, Prima Facie Right
Labour Law Civil Procedure Stay of Execution Rescission Application Review of Arbitration Award Balance of Convenience Prima Facie Right

Case Brief

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Parties

Tas Appointments & Management Services

Applicant

Nkosikhona Mavuso & 10 Others

Respondent

The Sheriff – Johannesburg Central

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Wynand Stapelberg

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Interdict to Stay Execution of Writ Pending Rescission and Review Applications

Legal Issues

  1. 1 Whether the applicant is entitled to an urgent interim order staying execution of the writ pending a rescission application.
  2. 2 Whether the application is barred by res judicata.
  3. 3 Whether there is an underlying causa justifying the stay of execution.

Ratio Decidendi

The court found that the applicant's application for urgent interim relief to stay execution of the writ was not justified. The plea of res judicata was dismissed because the relief sought in the present application was materially different from the previous application. The court held that the applicant had a right to apply for rescission, which constituted an underlying causa, and that a prima facie right was established. However, the balance of convenience favoured the first respondents, who had already waited 20 months for the implementation of the arbitration award and would be prejudiced by further delay. The applicant had failed, without valid reason, to prosecute its review...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.