J4936/99-SSL
Sneller Verbatim/ssl
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J4936/99
2001-08-02
In the matter between
JACK SAMUEL PROBERT & OTHERS Applicant
and
RLS ENGINEERING Respondent
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J U D G M E N T
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LANDMAN J : This is an application for the rescission of judgment which was
brought by Chris Pienaar against Jack Samuel Probert and Neville Britton Mr
Pienaar alleges in his founding affidavit that he became aware of this matter when
the writ of execution was served upon him. He also says that he served an
application on the CCMA for rescission of the judgment and that Mr Probert and Mr
Britton should have been aware of it before they applied to have the award that
the Commissioner made an order of court.
However, in the court file, is an affidavit which was made by Mr Probert. He
says that on 13 March 2000 he sent a copy of the notice of motion and affidavits
1
JUDGMENT1
by fax to the applicant, Mr Probert, at fax number 8182026. Their confirmation
slip has been attached.
Mr Pienaar in his founding affidavit does not say that he did not receive that
document. He does not deal with it at all. In the circumstances he has failed to
show to this court that he was not in willful default and in the circumstances his
application for rescission must be dismissed and it is dismissed with costs.
______________________
Judge A A Landman
Judge of the Labour Court of South Africa
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