De Beer v CAW Enterprise Solutions (Pty) Ltd t/a ACD CJ Kleyn's Auto Services (NCT/119746/2018/75(1)(b)) [2019] ZANCT 29 (15 January 2019)

De Beer v CAW Enterprise Solutions (Pty) Ltd t/a ACD CJ Kleyn's Auto Services (NCT/119746/2018/75(1)(b)) [2019] ZANCT 29 (15 January 2019)

The Tribunal found that while the applicant provided a bona fide explanation for the late filing due to her status as a lay person, she failed to demonstrate prospects of success on the merits. Both the Motor Industry Ombudsman of South Africa and the National Consumer Commission had investigated and concluded that the respondent acted reasonably and in accordance with proper procedures. The applicant's demand for an independent assessment was not supported by the Act and would be at her own cost. The Tribunal determined that condonation would not be in the interests of justice, as the applicant had not shown that a different outcome would result from further proceedings. Accordingly,...

Citation
[2019] ZANCT 29
Parties
Applicant: Elna De Beer; Respondent: CAW Enterprise Solutions (Pty) Ltd t/a ACD CJ Kleyn's Auto Services
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 January 2019
Case Number
NCT/119746/2018/75(1)(b)
Procedural Posture
Condonation Application / Application for Condonation for Late Filing
Outcome
Condonation for late filing is refused. The application is dismissed.
Judges
B Dumisa
Legal Topics
Condonation, Consumer Protection Act, Late Filing, Prospects of Success
Civil Procedure Commercial and Corporate Condonation Consumer Protection Act Late Filing Prospects of Success

Case Brief

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Parties

Elna De Beer

Applicant

CAW Enterprise Solutions (Pty) Ltd t/a ACD CJ Kleyn's Auto Services

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Filing

Legal Issues

  1. 1 Whether the Tribunal should condone the applicant's late filing of the application under section 75(1)(b) of the Consumer Protection Act.
  2. 2 Whether the applicant has shown good cause for condonation under Tribunal Rule 34.
  3. 3 Whether it is in the interests of justice to grant condonation given the facts and circumstances.

Ratio Decidendi

The Tribunal found that while the applicant provided a bona fide explanation for the late filing due to her status as a lay person, she failed to demonstrate prospects of success on the merits. Both the Motor Industry Ombudsman of South Africa and the National Consumer Commission had investigated and concluded that the respondent acted reasonably and in accordance with proper procedures. The applicant's demand for an independent assessment was not supported by the Act and would be at her own cost. The Tribunal determined that condonation would not be in the interests of justice, as the applicant had not shown that a different outcome would result from further proceedings. Accordingly,...

Court Disposition

Condonation for late filing is refused. The application is dismissed.

Orders

  • Condonation is not granted to the applicant for the late filing of Form T1.34 under Tribunal Rule 34.
  • Condonation is refused on the grounds that there are no prospects of success should the matter proceed to a full hearing.