Chamdor Service Station CC v Controller of Petroleum Products of the Department of Mineral Resources Energy and Others (61429/19) [2021] ZAGPPHC 504 (2 August 2021)

Chamdor Service Station CC v Controller of Petroleum Products of the Department of Mineral Resources Energy and Others (61429/19) [2021] ZAGPPHC 504 (2 August 2021)

The court found that the order by Teffo J was limited to staying the 2015 eviction application and did not preclude Phambili from instituting other arbitral or legal proceedings against Chamdor. The issues in the AFSA arbitration and the counter application for eviction were distinct from those in the section 12B arbitration, and there was no risk of conflicting findings. The requirements for lis alibi pendens were not satisfied, as the cause of action in the 2015 eviction application and the counter application were not the same. The withdrawal of the 2015 eviction application was effective, and the section 12B arbitration does not confer a right to remain in occupation after the lease...

Citation
[2021] ZAGPPHC 504
Parties
Applicant: Chamdor Service Station CC; Respondent: Controller of Petroleum Products of the Department of Mineral Resources Energy; Respondent: Arbitration Foundation of Southern Africa; Respondent: Arbitrator Henklouw N. O; Respondent: Future Phambili Petroleum (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 August 2021
Case Number
61429/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Stay Application and Upholding of Counter Application for Eviction.
Outcome
Application for leave to appeal dismissed with costs.
Judges
SK Hassim
Legal Topics
Stay of Proceedings, Arbitration, Eviction, Lis Alibi Pendens, Section 12b Petroleum Products Amendment Act
Civil Procedure Commercial and Corporate Stay of Proceedings Arbitration Eviction Lis Alibi Pendens Section 12b Petroleum Products Amendment Act

Case Brief

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Parties

Chamdor Service Station CC

Applicant

Controller of Petroleum Products of the Department of Mineral Resources Energy

Respondent

Arbitration Foundation of Southern Africa

Respondent

Arbitrator Henklouw N. O

Respondent

Future Phambili Petroleum (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Stay Application and Upholding of Counter Application for Eviction.

Legal Issues

  1. 1 Whether the order by Teffo J barred all proceedings, pending and future, by Phambili against Chamdor.
  2. 2 Whether the existence of a pending section 12B arbitration entitled the applicant to a stay of proceedings.
  3. 3 Whether the issues in the AFSA arbitration and the eviction applications are related to the section 12B arbitration.

Ratio Decidendi

The court found that the order by Teffo J was limited to staying the 2015 eviction application and did not preclude Phambili from instituting other arbitral or legal proceedings against Chamdor. The issues in the AFSA arbitration and the counter application for eviction were distinct from those in the section 12B arbitration, and there was no risk of conflicting findings. The requirements for lis alibi pendens were not satisfied, as the cause of action in the 2015 eviction application and the counter application were not the same. The withdrawal of the 2015 eviction application was effective, and the section 12B arbitration does not confer a right to remain in occupation after the lease...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.