Transet SOC Ltd and Another v CRRC E-Loco Supply (Pty) Ltd and Others (11645/2021) [2022] ZAGPJHC 228 (12 April 2022)

Parties

Procedural Posture

Civil Application / Rule 30 Application to Set Aside an Irregular Step

Legal Issues

1. 1 Whether a respondent may bring a separate application to dismiss a self-review on the sole ground of delay before entering the main case.
2. 2 Whether the delay defence in a self-review under the principle of legality can be separated from the merits and disposed of as a discrete issue.
3. 3 Whether the Commercial Court rules or inherent jurisdiction permit deviation from established procedure to allow such a process.

Ratio Decidendi

The court held that the delay defence in a self-review application under the principle of legality is not a discrete issue capable of separation from the merits. The delay must be considered together with the merits, as the assessment of whether to overlook delay is a flexible, fact-specific enquiry involving the nature of the irregularity and the just and equitable remedy. The Commercial Court rules do not empower a judge to sanction a process that contradicts the rights of the parties under the Uniform Rules of Court. It is impermissible for a respondent to outflank the applicant by launching a separate application to dismiss the main case on delay grounds without engaging with the...

Court Disposition

Rule 30 application granted; delay application set aside as irregular.

Orders

• The rule 30 application is granted.
• The first respondent is directed to withdraw its delay application.