Corin v Red Ivory Banqueting (Pty) Ltd (NCT/271555/2023/75(1)(b)) [2023] ZANCT 33 (20 September 2023)

Corin v Red Ivory Banqueting (Pty) Ltd (NCT/271555/2023/75(1)(b)) [2023] ZANCT 33 (20 September 2023)

The Tribunal found that the applicant had made substantial advance payments for a wedding that could not proceed due to government-imposed COVID-19 restrictions and international travel bans. The applicant sought a refund, and the CGSO recommended a partial refund, which the respondent refused to pay. The Tribunal held that the applicant was entitled to refer the matter directly to the Tribunal, as the respondent's refusal to comply with the ombud's recommendation and the NCC's rejection of the complaint left her without effective remedy. The Tribunal exercised its discretion under section 141(1) of the NCA, granting leave to refer, noting that the applicant's complaint raised important...

Citation
[2023] ZANCT 33
Parties
Applicant: Jennifer Mary Corin; Respondent: Red Ivory Banqueting (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 September 2023
Case Number
NCT/271555/2023/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint to Tribunal
Outcome
Leave to refer the matter directly to the Tribunal is granted. No order as to costs.
Judges
K Moodaliyar
Legal Topics
Consumer Protection Act, Advance Booking Cancellation, Reasonable Cancellation Fee, Covid19 Event Disruption
Commercial and Corporate Civil Procedure Consumer Protection Act Advance Booking Cancellation Reasonable Cancellation Fee Covid19 Event Disruption

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jennifer Mary Corin

Applicant

Red Ivory Banqueting (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint to Tribunal

Legal Issues

  1. 1 Whether the applicant is entitled to refer her complaint directly to the Tribunal after non-compliance with the CGSO recommendation.
  2. 2 Whether the applicant is entitled to a refund for advance payments made for a wedding cancelled due to COVID-19 restrictions.
  3. 3 Whether the respondent's refusal to refund constitutes prohibited or unconscionable conduct under the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that the applicant had made substantial advance payments for a wedding that could not proceed due to government-imposed COVID-19 restrictions and international travel bans. The applicant sought a refund, and the CGSO recommended a partial refund, which the respondent refused to pay. The Tribunal held that the applicant was entitled to refer the matter directly to the Tribunal, as the respondent's refusal to comply with the ombud's recommendation and the NCC's rejection of the complaint left her without effective remedy. The Tribunal exercised its discretion under section 141(1) of the NCA, granting leave to refer, noting that the applicant's complaint raised important...

Court Disposition

Leave to refer the matter directly to the Tribunal is granted. No order as to costs.

Orders

  • The application for leave to refer the matter directly to the Tribunal is granted.
  • No order is made as to costs.