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McKonie v Body Corporate, Laborie [2023] ZAGPPHC 477; 58798/2021 (20 June 2023)
The High Court refused recusal, condonation, and leave to appeal after final sequestration, finding no bias and no reasonable prospects of success.
MMMJN Supermarket CC t/a Riverside Spar v Collins and Others (J5507/00) [2002] ZALC 132; [2002] 5 BLLR 442 (LC) (25 March 2002)
The court found that the arbitrator misdirected himself by failing to properly consider the reasons for the postponement, including the emotional trauma of the applicant's witnesses and the fact that the first respondent had previously been granted an indulgence. The arbitrator incorrectly weighed his own financial considerations and failed to consider an appropriate costs order to remedy any prejudice. The refusal to grant a postponement was not justified by the facts or the applicable legal principles. The award was reviewed and set aside, and the matter was referred back to the CCMA for he…
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