Wouterse v International Colleges Group (Pty) Ltd (C343/08) [2008] ZALCCT 10 (5 December 2008)

Wouterse v International Colleges Group (Pty) Ltd (C343/08) [2008] ZALCCT 10 (5 December 2008)

The Court found no merit in the respondent's argument regarding the condonation for late filing of pleadings, holding that it is unlikely another court would reach a different conclusion. However, the Court acknowledged that the issue of revisiting and altering an earlier ex tempore costs order when giving written reasons is a procedural matter on which a higher court should pronounce, as it may come to 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] ZALCCT 10
Parties
Applicant: Wouterse, Jacqueline Christine Nicolette; Respondent: International Colleges Group (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
5 December 2008
Case Number
C343/08
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal is granted only in relation to the second ground of appeal (costs order) and refused in relation to the first (condonation). Condonation for late filing of the application for leave to appeal is granted.
Judges
Ngalwana
Legal Topics
Condonation for Late Filing, Costs Orders, Leave to Appeal Procedure
Labour Law Civil Procedure Condonation for Late Filing Costs Orders Leave to Appeal Procedure

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

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 condonation for late filing of pleadings, holding that it is unlikely another court would reach a different conclusion. However, the Court acknowledged that the issue of revisiting and altering an earlier ex tempore costs order when giving written reasons is a procedural matter on which a higher court should pronounce, as it may come to 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 in relation to the second ground of appeal (costs order) and refused in relation to the first (condonation). Condonation for late filing of the application for leave to appeal is granted.

Orders

  • Leave to appeal is granted on the issue of the costs order only.
  • Leave to appeal is refused on the issue of condonation for late filing of pleadings.