Tswana Quantity Surveyers and Project Managers CC v Gamagara Deveopment Forum (1626/2019) [2020] ZANCHC 34 (28 May 2020)

Tswana Quantity Surveyers and Project Managers CC v Gamagara Deveopment Forum (1626/2019) [2020] ZANCHC 34 (28 May 2020)

The applicant established its entitlement to have the arbitration award made an order of court under section 31(1) of the Arbitration Act. The respondent failed to raise any genuine or material dispute of fact, relying on bare denials and irrelevant allegations regarding third party liability and pending actions. The respondent's conduct, including delay and participation after the statutory time limit, amounted to a waiver of any right to object to the timing of the award. The respondent did not lodge any rescission application or counter-application to set aside the award, nor did it provide valid reasons for its absence from the arbitration. The court found the applicant's factual...

Citation
[2020] ZANCHC 34
Parties
Applicant: Tswana Quantity Surveyers and Project Managers CC; Respondent: Gamagara Development Forum
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
28 May 2020
Case Number
1626/2019
Procedural Posture
Urgent Application / Application for Final Order to Make Arbitration Award an Order of Court
Outcome
Application granted. The arbitration award is made an order of court. Costs awarded against the respondent.
Judges
Nxumalo AJ
Legal Topics
Arbitration Act Section 31, Enforcement of Arbitration Award, Res Judicata, Joinder of Parties, Waiver of Rights, Costs Orders
Civil Procedure Commercial and Corporate Arbitration Act Section 31 Enforcement of Arbitration Award Res Judicata Joinder of Parties Waiver of Rights Costs Orders

Case Brief

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Parties

Tswana Quantity Surveyers and Project Managers CC

Applicant

Gamagara Development Forum

Respondent

Procedural Posture

Urgent Application / Application for Final Order to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the applicant has made out a case for the arbitration award to be made an order of court.
  2. 2 Whether there exists a material dispute of fact justifying dismissal or referral to oral evidence.
  3. 3 Whether the respondent's opposition and allegations regarding third party liability and non-joinder are sufficient to defeat the application.

Ratio Decidendi

The applicant established its entitlement to have the arbitration award made an order of court under section 31(1) of the Arbitration Act. The respondent failed to raise any genuine or material dispute of fact, relying on bare denials and irrelevant allegations regarding third party liability and pending actions. The respondent's conduct, including delay and participation after the statutory time limit, amounted to a waiver of any right to object to the timing of the award. The respondent did not lodge any rescission application or counter-application to set aside the award, nor did it provide valid reasons for its absence from the arbitration. The court found the applicant's factual...

Court Disposition

Application granted. The arbitration award is made an order of court. Costs awarded against the respondent.

Orders

  • The arbitrator’s award by Advocate JA Babamia dated 22 October 2018 is made an order of court in terms of section 31(1) of the Arbitration Act 42 of 1965.
  • The respondent is to pay the costs of this application.