Van der Merwe and Others v Bevcon Management Services (Pty) Ltd and Another (3519/17; 21816/1) [2020] ZAGPPHC 234 (21 February 2020)

Van der Merwe and Others v Bevcon Management Services (Pty) Ltd and Another (3519/17; 21816/1) [2020] ZAGPPHC 234 (21 February 2020)

The court found that the applicants failed to establish any gross irregularity or misconduct by the arbitrator that would justify setting aside the award. The alleged failure to administer the oath properly did not result in prejudice or prevent a fair trial, as all parties believed they were under oath and no objections were raised during the proceedings. The arbitrator considered the evidence presented, including invoices and spreadsheets, and acted within his mandate. Disputes regarding the completion date and supporting documentation were matters of contractual interpretation and factual findings, not procedural irregularity. The allegations of fraud regarding compliance certificates...

Citation
[2020] ZAGPPHC 234
Parties
Applicant: Lydia Anna van der Merwe; Applicant: Russel Johannes van der Merwe; Applicant: Elizabeth Snow Holtzhauzen; Respondent: Bevcon Management Services (Pty) Ltd; Respondent: Advocate Johan Prinsloo
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 February 2020
Case Number
3519/17; 21816/1
Procedural Posture
Review Application / Judgment on Review and Application to Make Arbitration Award an Order of Court
Outcome
Review application dismissed; arbitration award made an order of court.
Judges
N V Khumalo
Legal Topics
Arbitration Review, Gross Irregularity, Building Contract Dispute, Condonation, Evidence in Arbitration
Civil Procedure Commercial and Corporate Arbitration Review Gross Irregularity Building Contract Dispute Condonation Evidence in Arbitration

Case Brief

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Parties

Lydia Anna van der Merwe

Applicant

Russel Johannes van der Merwe

Applicant

Elizabeth Snow Holtzhauzen

Applicant

Bevcon Management Services (Pty) Ltd

Respondent

Advocate Johan Prinsloo

Respondent

Procedural Posture

Review Application / Judgment on Review and Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the arbitration award should be reviewed and set aside due to alleged gross irregularity or improper procurement.
  2. 2 Whether the arbitrator failed to administer the oath properly and whether this constitutes a gross irregularity.
  3. 3 Whether the arbitrator failed to apply the laws of evidence and contractual provisions regarding completion date and supporting documentation.

Ratio Decidendi

The court found that the applicants failed to establish any gross irregularity or misconduct by the arbitrator that would justify setting aside the award. The alleged failure to administer the oath properly did not result in prejudice or prevent a fair trial, as all parties believed they were under oath and no objections were raised during the proceedings. The arbitrator considered the evidence presented, including invoices and spreadsheets, and acted within his mandate. Disputes regarding the completion date and supporting documentation were matters of contractual interpretation and factual findings, not procedural irregularity. The allegations of fraud regarding compliance certificates...

Court Disposition

Review application dismissed; arbitration award made an order of court.

Orders

  • Condonation granted for late filing of the review application, no order as to costs.
  • Application for review and setting aside of the arbitrator's award dated 17 November 2016 is dismissed with costs.