Crompton Street Motors CC v Bright Idea Projects 66 (Pty) Ltd (CCT 19/20)
Crompton Street Motors CC v Bright Idea Projects 66 (Pty) Ltd (CCT 19/20) [2021] ZACC 24; 2021 (11) BCLR 1203 (CC); 2022 (1) SA 317 (CC) (3 September 2021)
The Constitutional Court held that section 12B of the Petroleum Products Act does not oust the High Court's jurisdiction. The High Court retains jurisdiction unless expressly excluded by statute, and section 12B does not contain such exclusion. The applicant's failure to comply with section 6(1) of the Arbitration Act was not fatal, as a stay may be sought either by application or special plea. The High Court correctly exercised its discretion in refusing to stay proceedings, considering the facts that the franchise and lease agreements had expired, the applicant delayed seeking arbitration,…
Source excerpt
- Statutory Arbitration
- Stay Of Proceedings
- Petroleum Products Act
- Jurisdiction Of High Court
- Contractual Practices
- Section 12b Arbitration