Sneller Verbatim/ssl
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J3575/00
2002-09-06
In the matter between
1st Applicant
2nd Applicant
and
RUBBER GENERAL MOULDERS (PTY) LTD Respondent
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J U D G M E N T
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REVELAS J:
1. This is an application for leave to appeal against an
order made by myself on 13 April 2000.
2. The respondent who came before me was the applicant in an
application to have the order rescinded. I found that I
could grant such an order rescinding my judgment if I was
satisfied that the order was granted in error or in the
absence of the parties due to no fault of their own.
3. The legal representative for the respondent could put
forward any reason why I should set aside the order. The
explanation put forward was simply that the papers in the
matter filed by the respondents, (the applicants in the
main matter), were never received. This was not borne out
by the faximilee transmission slip attached to various
notices of set down which was conceded bear the
correct fax number of the respondent.
4. It was also submitted that these papers “floated around”
at the respondent’s premises. I found this to be an
unacceptable explanation and dismissed the application
for recission and those were the reasons therefore.
5. Subsequently a notice of leave to appeal was filed.
6. My associate notified the parties that they should file
heads of argument and I could decide the matters in
chambers, alternatively, they could also put forward
arguments in court.
7. No heads of argument were forthcoming from the applicant
or the respondent.
8. Subsequently, on notice to both parties the matter was
set down for today to hear the application for leave to
appeal at 09:30. No one arrived. Therefore, in the
absence of both parties, the matter is struck from the
roll.
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E. Revelas