rescission of judgmentcostswithdrawal of application
legislation
Statutes Cited
Labour Court Rules
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether respondent is entitled to wasted costs on legal practitioner basis following withdrawal of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Employee had briefed Counsel before withdrawal; employer persisted with defective procedure"}
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background
Facts of the Case
Background
The applicant employer filed a rescission application against a default judgment in favour of the respondent employee. Before the hearing, the applicant withdrew the application. The respondent had already incurred legal costs preparing for the hearing and sought wasted costs on a legal practitioner basis.
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