Booking.com v National Consumer Commission and Another (NCT/262956/2023/73(2)(b)) [2023] ZANCT 23 (3 July 2023)

Booking.com v National Consumer Commission and Another (NCT/262956/2023/73(2)(b)) [2023] ZANCT 23 (3 July 2023)

The Tribunal found that Booking.com substantially complied with the rules regarding service on the National Consumer Commission and that the delay in serving Yazied Abrahams was minimal and adequately explained. The delay was not excessive, and no prejudice was caused to the respondents, who did not oppose the application. Booking.com acted in good faith and provided a reasonable explanation for the delay. The matter is important to Booking.com, which has reasonable prospects of success. In the interests of justice and fairness, condonation for the late filing of the answering affidavit is granted.

Citation
[2023] ZANCT 23
Parties
Applicant: Booking.com; Respondent: National Consumer Commission; Respondent: Yazied Abrahams t/a Sunset Villa 1
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
3 July 2023
Case Number
NCT/262956/2023/73(2)(b)
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing of Answering Affidavit
Outcome
Condonation for the late filing of Booking.com's answering affidavit is granted.
Judges
MC Peenze
Legal Topics
Condonation, Late Filing of Affidavit, Interests of Justice, Service of Documents
Civil Procedure Condonation Late Filing of Affidavit Interests of Justice Service of Documents

Case Brief

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Parties

Booking.com

Applicant

National Consumer Commission

Respondent

Yazied Abrahams t/a Sunset Villa 1

Respondent

Procedural Posture

Condonation Application / Ruling on Condonation for Late Filing of Answering Affidavit

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of Booking.com's answering affidavit.
  2. 2 Whether the delay in service and filing prejudiced the respondents or the administration of justice.
  3. 3 Whether Booking.com provided a reasonable explanation for the delay.

Ratio Decidendi

The Tribunal found that Booking.com substantially complied with the rules regarding service on the National Consumer Commission and that the delay in serving Yazied Abrahams was minimal and adequately explained. The delay was not excessive, and no prejudice was caused to the respondents, who did not oppose the application. Booking.com acted in good faith and provided a reasonable explanation for the delay. The matter is important to Booking.com, which has reasonable prospects of success. In the interests of justice and fairness, condonation for the late filing of the answering affidavit is granted.

Court Disposition

Condonation for the late filing of Booking.com's answering affidavit is granted.

Orders

  • The late filing of Booking.com's answering affidavit is condoned.
  • The National Consumer Commission may serve a replying affidavit within 10 days of this ruling and file it with the Tribunal.