Auto Glen Motors (Pty) Ltd t/a Auto Glen v Barnes In Re: Barnes v Auto Glen Motors (Pty) Ltd t/a Auto Glen (NCT/106425/2018/148(1)) [2018] ZANCT 51 (23 July 2018)

Auto Glen Motors (Pty) Ltd t/a Auto Glen v Barnes In Re: Barnes v Auto Glen Motors (Pty) Ltd t/a Auto Glen (NCT/106425/2018/148(1)) [2018] ZANCT 51 (23 July 2018)

The Tribunal found that the Presiding Member erred in granting leave to refer the complaint to the Tribunal. The Respondent failed to establish, on a balance of probabilities, that he enjoyed reasonable prospects of success. There was no indication that the Presiding Member assessed the Respondent's reasonable prospects of success, and the decision was incorrectly based on affording the parties an opportunity to state their versions, which is not the correct test for leave to refer. The Tribunal confirmed that prescription may be interrupted by referral to other forums, but in this case, the Respondent did not demonstrate reasonable prospects of success, and the appeal was upheld.

Citation
[2018] ZANCT 51
Parties
Appellant: Auto Glen Motors (Pty) Ltd t/a Auto Glen; Respondent: Yurrile Barnes
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
23 July 2018
Case Number
NCT/106425/2018/148(1)
Procedural Posture
Civil Appeal / Appeal Against Leave to Refer Granted by Single Member
Outcome
Appeal upheld; leave to refer set aside.
Judges
A Potwana, T Woker, H Devraj
Legal Topics
Leave to Refer, Prescription, Consumer Protection Act, Jurisdiction, Reasonable Prospects of Success
Civil Procedure Commercial and Corporate Leave to Refer Prescription Consumer Protection Act Jurisdiction Reasonable Prospects of Success

Case Brief

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Parties

Auto Glen Motors (Pty) Ltd t/a Auto Glen

Appellant

Yurrile Barnes

Respondent

Procedural Posture

Civil Appeal / Appeal Against Leave to Refer Granted by Single Member

Legal Issues

  1. 1 Whether the Tribunal had jurisdiction to entertain the application for leave to refer under section 75(1)(b) of the Consumer Protection Act.
  2. 2 Whether the Respondent's claim had prescribed under section 116 of the Consumer Protection Act.
  3. 3 Whether the Respondent established reasonable prospects of success for leave to refer.

Ratio Decidendi

The Tribunal found that the Presiding Member erred in granting leave to refer the complaint to the Tribunal. The Respondent failed to establish, on a balance of probabilities, that he enjoyed reasonable prospects of success. There was no indication that the Presiding Member assessed the Respondent's reasonable prospects of success, and the decision was incorrectly based on affording the parties an opportunity to state their versions, which is not the correct test for leave to refer. The Tribunal confirmed that prescription may be interrupted by referral to other forums, but in this case, the Respondent did not demonstrate reasonable prospects of success, and the appeal was upheld.

Court Disposition

Appeal upheld; leave to refer set aside.

Orders

  • The appeal is upheld.
  • There is no order as to costs.