Davids and Another v Absa Bank Ltd and Others (NCT/67822/2016/165(1)(P)NCA) [2016] ZANCT 61 (22 December 2016)

Davids and Another v Absa Bank Ltd and Others (NCT/67822/2016/165(1)(P)NCA) [2016] ZANCT 61 (22 December 2016)

The Tribunal found that all parties had been properly notified of the hearing date, time, and venue. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the presiding member was entitled to dismiss the application for non-appearance. The application to vary the previous order was therefore dismissed, with leave for the applicant to refile if desired.

Citation
[2016] ZANCT 61
Parties
Applicant: Carel Barend Jacobus Davids; Applicant: Heather Cecelia Davids; Respondent: Absa Bank Ltd; Respondent: African Bank Limited; Respondent: Direct Axis (SA) Pty Ltd; Respondent: Finchoice (Pty) Ltd; Respondent: Foschini Retail Group (Pty) Ltd; Respondent: MFC a division of Nedbank Limited; Respondent: Nedbank Limited; Respondent: RCS Loan; Respondent: SA Home Loans (Pty) Ltd; Respondent: Sanlam Personal Loans (Pty) Ltd; Respondent: Standard Bank of South Africa Limited; Respondent: Toyota Financial Services (SA) Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
22 December 2016
Case Number
NCT/67822/2016/165(1)(P)NCA
Procedural Posture
Review Application / Application for Variation of Tribunal Order; Hearing Dismissed for Non Appearance
Outcome
Application dismissed for non-appearance; leave granted to refile.
Judges
H Devraj, F Manamela, P Beck
Legal Topics
Debt Rearrangement, Nonappearance, Dismissal for Nonappearance, Section 165 Nca
Civil Procedure Debt Rearrangement Nonappearance Dismissal for Nonappearance Section 165 Nca

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Parties

Carel Barend Jacobus Davids

Applicant

Heather Cecelia Davids

Applicant

Absa Bank Ltd

Respondent

African Bank Limited

Respondent

Direct Axis (SA) Pty Ltd

Respondent

Finchoice (Pty) Ltd

Respondent

Foschini Retail Group (Pty) Ltd

Respondent

MFC a division of Nedbank Limited

Respondent

Nedbank Limited

Respondent

RCS Loan

Respondent

SA Home Loans (Pty) Ltd

Respondent

Sanlam Personal Loans (Pty) Ltd

Respondent

Standard Bank of South Africa Limited

Respondent

Toyota Financial Services (SA) Limited

Respondent

Procedural Posture

Review Application / Application for Variation of Tribunal Order; Hearing Dismissed for Non Appearance

Legal Issues

  1. 1 Whether the application to vary the previous Tribunal order should be considered in the absence of the parties.
  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 all parties had been properly notified of the hearing date, time, and venue. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the presiding member was entitled to dismiss the application for non-appearance. The application to vary the previous order was therefore dismissed, with leave for the applicant to refile if desired.

Court Disposition

Application dismissed for non-appearance; leave granted to refile.

Orders

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