Cancellation of order for special order plastic bags: res judicata (20144251007) [2014] ZACGSO 2 (21 May 2014)

Cancellation of order for special order plastic bags: res judicata (20144251007) [2014] ZACGSO 2 (21 May 2014)

The Ombud found that the supplier had obtained an unopposed judgment against the applicant for the balance owing on the contract. As a result, the principle of res judicata applies, barring the Ombud from considering the complaint further. The appropriate forum for any challenge to the supplier’s judgment is the court that granted it, not the Ombud. The Ombud declined to address the other substantive issues raised by the supplier, as the matter was disposed of on jurisdictional grounds.

Citation
[2014] ZACGSO 2
Parties
Applicant: Unnamed CC (Complainant); Respondent: Supplier (Plastic Bags)
Court
Consumer Goods and Services Ombud
Jurisdiction
South Africa
Judgment Date
21 May 2014
Case Number
20144251007
Procedural Posture
Consumer Complaint / Adjudication
Outcome
Complaint dismissed on grounds of res judicata; Ombud declines jurisdiction.
Judges
N Melville
Legal Topics
Res Judicata, Special Order Goods, Consumer Protection Act, Contractual Breach
Commercial and Corporate Civil Procedure Res Judicata Special Order Goods Consumer Protection Act Contractual Breach

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Parties

Unnamed CC (Complainant)

Applicant

Supplier (Plastic Bags)

Respondent

Procedural Posture

Consumer Complaint / Adjudication

Legal Issues

  1. 1 Whether the Consumer Goods and Services Ombud has jurisdiction to adjudicate the complaint in light of a prior court judgment.
  2. 2 Whether the principle of res judicata applies to bar the complaint.
  3. 3 Whether the goods in question qualify as special-order goods under the Consumer Protection Act.

Ratio Decidendi

The Ombud found that the supplier had obtained an unopposed judgment against the applicant for the balance owing on the contract. As a result, the principle of res judicata applies, barring the Ombud from considering the complaint further. The appropriate forum for any challenge to the supplier’s judgment is the court that granted it, not the Ombud. The Ombud declined to address the other substantive issues raised by the supplier, as the matter was disposed of on jurisdictional grounds.

Court Disposition

Complaint dismissed on grounds of res judicata; Ombud declines jurisdiction.

Orders

  • The Consumer Goods and Services Ombud declines to deal further with the complaint due to res judicata.
  • The applicant is advised to seek legal advice if it wishes to challenge the court judgment.