Desiderio v Joffe and Others (37219/2022)
Desiderio v Joffe and Others (37219/2022) [2024] ZAGPJHC 785 (21 August 2024)
The court found that Desiderio Gonćalves Gil failed to provide a reasonable and complete explanation for the four-month delay in filing his counter-application. He was represented by attorneys well before the relevant dates, and the absence of a certified transcript did not prevent timely filing, as the audio record was available. The court held that his explanation was inadequate and did not cover the entire period of delay. On the merits, the court determined that the alleged gross irregularity—failure to apply the best evidence rule—did not amount to a procedural irregularity as required b…
Source excerpt
- Arbitration Act Section 31
- Arbitration Act Section 33
- Arbitration Act Section 38
- Condonation
- Gross Irregularity
- Best Evidence Rule