leave to appealstrike off rollpractice directivechamber applicationsecurity for costs
Tags
leave to appealprocedural defectspractice directives
legislation
Statutes Cited
Labour Act
Labour Court Rules, 2017
Labour Court Rules, 2017
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the application for leave to appeal should be struck off the roll due to procedural defects","issue_type":"procedural","dispositive":"yes","related_facts":"Incorrect judge name, no security for costs, wrong application form"}
{"issue_text":"Whether failure to state the correct judge's name is a fatal defect","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant stated Hove and Maxwell JJ instead of Hove J only"}
{"issue_text":"Whether failure to offer security for costs is a fatal defect","issue_type":"procedural","dispositive":"yes","related_facts":"Draft notice of appeal did not offer security for costs"}
{"issue_text":"Whether filing a court application instead of a chamber application is a fatal defect","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant used Form LC1 instead of Form LC12"}
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background
Facts of the Case
Background
The applicant sought leave to appeal a decision of the Labour Court handed down on 26 July 2019. The application contained procedural defects including incorrectly stating the judge's name, failing to offer security for costs, and using the wrong form (court application instead of chamber application). The 2nd respondent raised these defects as points in limine.
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