Cronje and Another v Standard Bank of South Africa Limited (NCT/103657/2018/141(1)(b)) [2019] ZANCT 33 (23 March 2019)

Cronje and Another v Standard Bank of South Africa Limited (NCT/103657/2018/141(1)(b)) [2019] ZANCT 33 (23 March 2019)

The Tribunal found that the applicants acted in good faith and always intended to file their answering affidavit timeously. The delay was minimal, and the applicants provided a reasonable explanation for the late filing. The matter is important to the applicants, and the Tribunal had previously found prospects of success in the leave application. The respondent did not oppose the condonation application. On a conspectus of all the facts, the Tribunal was satisfied that good cause was shown and that it was in the interests of justice to grant condonation for the late filing of the applicants' answering affidavit.

Citation
[2019] ZANCT 33
Parties
Applicant: Andre Cronje; Applicant: Sandra Cronje; Respondent: The Standard Bank of South Africa Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
23 March 2019
Case Number
NCT/103657/2018/141(1)(b)
Procedural Posture
Condonation Application / Ruling on Second Condonation Application for Late Filing of Answering Affidavit
Outcome
Applicants' failure to timeously file their answering affidavit to the respondent's condonation application is condoned.
Judges
Trevor Bailey
Legal Topics
Condonation, Late Filing of Affidavit, National Credit Act, Matrimonial Property Act, Consumer Credit Dispute
Civil Procedure Banking and Finance Condonation Late Filing of Affidavit National Credit Act Matrimonial Property Act Consumer Credit Dispute

Case Brief

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Parties

Andre Cronje

Applicant

Sandra Cronje

Applicant

The Standard Bank of South Africa Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Tribunal should condone the applicants' failure to timeously file their answering affidavit to the respondent's condonation application.

Ratio Decidendi

The Tribunal found that the applicants acted in good faith and always intended to file their answering affidavit timeously. The delay was minimal, and the applicants provided a reasonable explanation for the late filing. The matter is important to the applicants, and the Tribunal had previously found prospects of success in the leave application. The respondent did not oppose the condonation application. On a conspectus of all the facts, the Tribunal was satisfied that good cause was shown and that it was in the interests of justice to grant condonation for the late filing of the applicants' answering affidavit.

Court Disposition

Applicants' failure to timeously file their answering affidavit to the respondent's condonation application is condoned.

Orders

  • The applicants' failure to timeously file their answering affidavit to the respondent's condonation application is condoned.
  • There is no order as to costs.