South Africa Case Law

Newton v West Park Spar (JA84/99)

Newton v West Park Spar (JA84/99) [2002] ZALAC 36; [2002] 8 BLLR 689 (LAC) (20 December 2002)

Court

Labour Appeal Court

Case number

JA84/99

Judges

R.G. Comrie, C.R. Nicholson, M.T.R. Mogoeng

The Labour Appeal Court held that, although there is no statutory time limit for lodging the appeal record in matters from the Industrial Court, the appellant is required to act with reasonable expedition. The record was complete except for the transcript of oral argument on 31 May 1999, which could not be reconstructed as the presiding officer's bench notes had been destroyed. The Court found that the appeal could proceed on the available record, and that any deficiency regarding the oral argument would be addressed during the hearing. The respondent was ordered to lodge the appeal record by…

Source excerpt

• Unfair Dismissal
• Appeal Record Lodgement
• Default Judgment
• Rescission Of Judgment

Union Wine Ltd. v E Snell & Co Ltd. (324/90)

Union Wine Ltd. v E Snell & Co Ltd. (324/90) [1991] ZASCA 196 (29 November 1991)

Court

Supreme Court of Appeal

Case number

324/90

Judges

Corbett, Hefer, Nestadt, Nicholas, Harms

The court refused condonation for late appeal steps, finding the delays and explanations vague and grossly non-compliant, and struck the appeal from the roll.

• Condonation Of Non Compliance
• Late Filing Of Notice Of Appeal
• Appeal Record Lodgement
• Power Of Attorney Requirement
• Condonation
• Appeal-procedure