Alexanderson v Ramahlo and Another (NCT/131926/2019/165) [2019] ZANCT 112 (15 July 2019)

Alexanderson v Ramahlo and Another (NCT/131926/2019/165) [2019] ZANCT 112 (15 July 2019)

The Tribunal found that none of the parties, including the applicant, appeared or were represented at the scheduled hearing. The Registrar had attempted to contact the applicant on the morning of the hearing without success. The Tribunal was satisfied that all parties had been properly notified of the date, time, and venue for the proceedings. In accordance with Rule 24 of the National Consumer Tribunal Rules, the Tribunal dismissed the application for rescission due to the applicant's non-appearance. The applicant retains the liberty to re-file a new application if desired. No order as to costs was made.

Citation
[2019] ZANCT 112
Parties
Applicant: Sebastien Alarik Alexanderson; Respondent: Tsietsi Ishmael Ramahlo; Respondent: Wesbank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 July 2019
Case Number
NCT/131926/2019/165
Procedural Posture
Review Application / Application for Rescission of Tribunal Order
Outcome
Application dismissed due to non-appearance of the applicant and respondents.
Judges
H Devraj, M Nkomo, P Beck
Legal Topics
Rescission of Order, Non Appearance, Debt Review, National Credit Act
Civil Procedure Rescission of Order Non Appearance Debt Review National Credit Act

Case Brief

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Parties

Sebastien Alarik Alexanderson

Applicant

Tsietsi Ishmael Ramahlo

Respondent

Wesbank Limited

Respondent

Procedural Posture

Review Application / Application for Rescission of Tribunal Order

Legal Issues

  1. 1 Whether the application for rescission of the Tribunal order should be dismissed due to non-appearance of the parties.
  2. 2 Whether the parties were properly notified of the hearing date, time, and venue.

Ratio Decidendi

The Tribunal found that none of the parties, including the applicant, appeared or were represented at the scheduled hearing. The Registrar had attempted to contact the applicant on the morning of the hearing without success. The Tribunal was satisfied that all parties had been properly notified of the date, time, and venue for the proceedings. In accordance with Rule 24 of the National Consumer Tribunal Rules, the Tribunal dismissed the application for rescission due to the applicant's non-appearance. The applicant retains the liberty to re-file a new application if desired. No order as to costs was made.

Court Disposition

Application dismissed due to non-appearance of the applicant and respondents.

Orders

  • The application lodged in terms of Section 165 of the National Credit Act is dismissed.
  • The applicant is at liberty to re-file a new application if it wishes to do so.