Bret v Woolworths Financial Services (Pty) Ltd and Others (NCT/67820/2016/165(1)(P)NCA) [2016] ZANCT 60 (16 December 2016)

Bret v Woolworths Financial Services (Pty) Ltd and Others (NCT/67820/2016/165(1)(P)NCA) [2016] ZANCT 60 (16 December 2016)

The Tribunal found that the applicant and respondents were properly notified of the hearing date, time, and venue. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the Tribunal is empowered to dismiss an application if the applicant fails to appear. As neither the applicant nor any respondent attended the hearing, and proper notification was confirmed, the application to vary the debt re-arrangement order was formally dismissed on record.

Citation
[2016] ZANCT 60
Parties
Applicant: Alicia Brett; Respondent: Woolworths Financial Services (Pty) Ltd; Respondent: Direct Axis (SA) (Pty) Ltd; Respondent: Standard Bank of South Africa Limited; Respondent: RCS Group; Respondent: Tenacity Financial Services; Respondent: Mr Price Group Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 December 2016
Case Number
NCT/67820/2016/165(1)(P)NCA
Procedural Posture
Review Application / Application for Variation of Debt Re Arrangement Order; Hearing Dismissed for Non Appearance
Outcome
Application dismissed for non-appearance.
Judges
H Devraj, F Manamela, P Beck
Legal Topics
Debt Rearrangement, Nonappearance, Dismissal for Nonattendance
Civil Procedure Debt Rearrangement Nonappearance Dismissal for Nonattendance

Case Brief

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Parties

Alicia Brett

Applicant

Woolworths Financial Services (Pty) Ltd

Respondent

Direct Axis (SA) (Pty) Ltd

Respondent

Standard Bank of South Africa Limited

Respondent

RCS Group

Respondent

Tenacity Financial Services

Respondent

Mr Price Group Limited

Respondent

Procedural Posture

Review Application / Application for Variation of Debt Re Arrangement Order; Hearing Dismissed for Non Appearance

Legal Issues

  1. 1 Whether the application to vary the debt re-arrangement order should be considered in the absence of the applicant and respondents.
  2. 2 Whether the parties were properly notified of the hearing date, time, and venue.
  3. 3 Whether the application should be dismissed for non-appearance.

Ratio Decidendi

The Tribunal found that the applicant and respondents were properly notified of the hearing date, time, and venue. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the Tribunal is empowered to dismiss an application if the applicant fails to appear. As neither the applicant nor any respondent attended the hearing, and proper notification was confirmed, the application to vary the debt re-arrangement order was formally dismissed on record.

Court Disposition

Application dismissed for non-appearance.

Orders

  • The application lodged in terms of Section 165 of the Act is hereby dismissed.
  • The applicant may refile the application.