Western Cape Workers Association v Hazeley Piggeries (C263/98) [1998] ZALC 123 (3 December 1998)

Western Cape Workers Association v Hazeley Piggeries (C263/98) [1998] ZALC 123 (3 December 1998)

The court found that, although the application for leave to appeal was filed out of time, the circumstances—including the reasonable prospects of success regarding the costs order—justified condonation. The costs order in the main action was not restricted to those respondents against whom the rule had been issued and confirmed, and should not have been awarded against the first respondent. Accordingly, leave to appeal was granted and costs were ordered to be costs in the appeal.

Citation
[1998] ZALC 123
Parties
Applicant: Western Cape Workers Association; Respondent: Hazeley Piggeries
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
3 December 1998
Case Number
C263/98
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Interim Interdict Proceedings
Outcome
Leave to appeal is granted; costs are to be costs in the appeal.
Judges
A A Landman
Legal Topics
Costs Award, Interim Interdict, Condonation of Late Application
Labour Law Civil Procedure Costs Award Interim Interdict Condonation of Late Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Western Cape Workers Association

Applicant

Hazeley Piggeries

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Interim Interdict Proceedings

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether costs were correctly awarded against the first respondent, who was not subject to the confirmed rule.
  3. 3 Whether there are reasonable prospects of success on appeal regarding the costs order.

Ratio Decidendi

The court found that, although the application for leave to appeal was filed out of time, the circumstances—including the reasonable prospects of success regarding the costs order—justified condonation. The costs order in the main action was not restricted to those respondents against whom the rule had been issued and confirmed, and should not have been awarded against the first respondent. Accordingly, leave to appeal was granted and costs were ordered to be costs in the appeal.

Court Disposition

Leave to appeal is granted; costs are to be costs in the appeal.

Orders

  • The late application for leave to appeal is condoned.
  • Leave to appeal is granted.