Ariyan v Absa Bank Limited and Another (NCT/82594/2017/141(1)) [2018] ZANCT 5 (22 February 2018)

Ariyan v Absa Bank Limited and Another (NCT/82594/2017/141(1)) [2018] ZANCT 5 (22 February 2018)

The Tribunal found that it lacked jurisdiction to review or overturn decisions made by a court of law, specifically the rescission of the debt review order. The Applicant's allegations regarding breaches of the National Credit Act related to actions taken pursuant to a court order, and thus fell outside the Tribunal's authority. The sundry charges complained of were reversed, and the relief sought by the Applicant—acceptance of the PDA statement balance—could not be granted by the Tribunal, as only a court could review or appeal lower judicial decisions. The Tribunal concluded that the Applicant had no reasonable prospects of success and that it would not be in the interests of justice to...

Citation
[2018] ZANCT 5
Parties
Applicant: Vernon Morganathan Ariyan; Respondent: Absa Bank Limited; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
22 February 2018
Case Number
NCT/82594/2017/141(1)
Procedural Posture
Leave to Refer / Application for Leave to Refer Complaint Directly to Tribunal After NCR Non Referral
Outcome
Application for leave to refer the matter directly to the Tribunal is refused.
Judges
F Sibanda, T Woker, K Moodaliyar
Legal Topics
National Credit Act, Debt Review, Rescission of Debt Review Order, Unilateral Change of Credit Terms, Excessive Charges
Banking and Finance Civil Procedure National Credit Act Debt Review Rescission of Debt Review Order Unilateral Change of Credit Terms Excessive Charges

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Parties

Vernon Morganathan Ariyan

Applicant

Absa Bank Limited

Respondent

National Credit Regulator

Respondent

Procedural Posture

Leave to Refer / Application for Leave to Refer Complaint Directly to Tribunal After NCR Non Referral

Legal Issues

  1. 1 Whether the Applicant should be granted leave to refer the complaint directly to the Tribunal after a notice of non-referral by the NCR.
  2. 2 Whether the Applicant has reasonable prospects of success before the Tribunal.
  3. 3 Whether the Tribunal has jurisdiction to grant the relief sought given the rescission of the debt review order by a court.

Ratio Decidendi

The Tribunal found that it lacked jurisdiction to review or overturn decisions made by a court of law, specifically the rescission of the debt review order. The Applicant's allegations regarding breaches of the National Credit Act related to actions taken pursuant to a court order, and thus fell outside the Tribunal's authority. The sundry charges complained of were reversed, and the relief sought by the Applicant—acceptance of the PDA statement balance—could not be granted by the Tribunal, as only a court could review or appeal lower judicial decisions. The Tribunal concluded that the Applicant had no reasonable prospects of success and that it would not be in the interests of justice to...

Court Disposition

Application for leave to refer the matter directly to the Tribunal is refused.

Orders

  • The application for leave to refer the matter directly to the Tribunal is refused.
  • There is no order as to costs.