CMR Group (Pty) Ltd v National Credit Regulator (NCT/119696/2018/57(1)) [2019] ZANCT 3 (22 January 2019)

CMR Group (Pty) Ltd v National Credit Regulator (NCT/119696/2018/57(1)) [2019] ZANCT 3 (22 January 2019)

The Tribunal found that the delay in filing the answering affidavit was not excessive and that CMR Group provided a reasonable explanation for the lateness, given the seriousness and complexity of the allegations. The Tribunal accepted that CMR Group would suffer prejudice if not allowed to respond, and that the matter was of significant importance to both parties. The interests of justice required that all facts be placed before the Tribunal, and condonation was therefore granted to allow the matter to be properly ventilated.

Citation
[2019] ZANCT 3
Parties
Applicant: CMR Group (Pty) Ltd; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
22 January 2019
Case Number
NCT/119696/2018/57(1)
Procedural Posture
Condonation Application / Interlocutory Application for Condonation of Late Filing of Answering Affidavit
Outcome
Condonation for the late filing of the answering affidavit is granted.
Judges
H Devraj
Legal Topics
Condonation, Late Filing of Affidavit, National Credit Act, Procedural Fairness
Civil Procedure Banking and Finance Condonation Late Filing of Affidavit National Credit Act Procedural Fairness

Case Brief

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Parties

CMR Group (Pty) Ltd

Applicant

National Credit Regulator

Respondent

Procedural Posture

Condonation Application / Interlocutory Application for Condonation of Late Filing of Answering Affidavit

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the answering affidavit by CMR Group.
  2. 2 Whether the explanation for the delay is reasonable and justified.
  3. 3 Whether granting condonation would prejudice any party.

Ratio Decidendi

The Tribunal found that the delay in filing the answering affidavit was not excessive and that CMR Group provided a reasonable explanation for the lateness, given the seriousness and complexity of the allegations. The Tribunal accepted that CMR Group would suffer prejudice if not allowed to respond, and that the matter was of significant importance to both parties. The interests of justice required that all facts be placed before the Tribunal, and condonation was therefore granted to allow the matter to be properly ventilated.

Court Disposition

Condonation for the late filing of the answering affidavit is granted.

Orders

  • The condonation application for the late filing of the answering affidavit is granted.
  • The National Credit Regulator must file its replying affidavit within 10 days of receipt of this ruling.