Wouterse v International Colleges Group (Pty) Ltd (C 343/08) [2008] ZALC 240 (5 December 2008)

Wouterse v International Colleges Group (Pty) Ltd (C 343/08) [2008] ZALC 240 (5 December 2008)

The court found no merit in the respondent's argument regarding the approach to condonation, holding that it is unlikely another court would reach a different conclusion. However, the issue of whether a court may revisit and alter its earlier ex tempore costs order when giving written reasons is a procedural matter on which a higher court should pronounce, as it may reach a different conclusion. Leave to appeal is therefore granted only on the second ground, relating to the costs order, and refused on the first ground, relating to condonation.

Citation
[2008] ZALC 240
Parties
Applicant: Wouterse, Jacqueline Christine Nicolette; Respondent: International Colleges Group (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
5 December 2008
Case Number
C343/08
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Condonation and Costs
Outcome
Leave to appeal is granted only on the second ground relating to the costs order and refused on the first ground relating to condonation. Condonation for late filing of the application for leave to appeal is granted.
Judges
Ngalwana
Legal Topics
Condonation of Late Filing, Costs Orders, Leave to Appeal
Labour Law Civil Procedure Condonation of Late Filing Costs Orders Leave to Appeal

Case Brief

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Parties

Wouterse, Jacqueline Christine Nicolette

Applicant

International Colleges Group (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Condonation and Costs

Legal Issues

  1. 1 Whether the court erred in its approach to condonation for late filing of pleadings.
  2. 2 Whether the court was entitled to revisit and alter its earlier ex tempore costs order when giving written reasons.

Ratio Decidendi

The court found no merit in the respondent's argument regarding the approach to condonation, holding that it is unlikely another court would reach a different conclusion. However, the issue of whether a court may revisit and alter its earlier ex tempore costs order when giving written reasons is a procedural matter on which a higher court should pronounce, as it may reach a different conclusion. Leave to appeal is therefore granted only on the second ground, relating to the costs order, and refused on the first ground, relating to condonation.

Court Disposition

Leave to appeal is granted only on the second ground relating to the costs order and refused on the first ground relating to condonation. Condonation for late filing of the application for leave to appeal is granted.

Orders

  • Leave to appeal is granted in relation to the second ground of appeal regarding the costs order.
  • Leave to appeal is refused in relation to the first ground of appeal regarding condonation.