Du Plessis N.O and Others v National Credit Regulator (NCT103940/2018/57(1)) [2019] ZANCT 34 (26 March 2019)

Du Plessis N.O and Others v National Credit Regulator (NCT103940/2018/57(1)) [2019] ZANCT 34 (26 March 2019)

The Tribunal found that the applicants provided a reasonable explanation for the delay in filing their answering affidavit, primarily due to improper service and circumstances beyond their control. The degree of lateness was not substantial and was outweighed by the applicants' prospects of success and the importance of the matter to both parties. The Tribunal emphasized that the interests of justice require that parties be given an opportunity to present their full case, especially where bona fide defences are raised. Accordingly, condonation was granted, allowing the applicants to file their application for leave to refer the matter to the Tribunal within 20 days.

Citation
[2019] ZANCT 34
Parties
Applicant: Leon Antonius Du Plessis N.O; Applicant: Eulien Du Plessis N.O; Applicant: PCL Trust t/a PCL Cash Loans - Louis Trichardt; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
26 March 2019
Case Number
NCT103940/2018/57(1)
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing of Answering Affidavit
Outcome
Condonation granted for late filing of answering affidavit.
Judges
K Moodaliyar
Legal Topics
Condonation, Late Filing, Tribunal Rules, Interests of Justice
Civil Procedure Condonation Late Filing Tribunal Rules Interests of Justice

Case Brief

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Parties

Leon Antonius Du Plessis N.O

Applicant

Eulien Du Plessis N.O

Applicant

PCL Trust t/a PCL Cash Loans - Louis Trichardt

Applicant

National Credit Regulator

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have shown good cause for condonation of the late filing of their answering affidavit.
  2. 2 Whether the delay in filing was reasonable and excusable under the Tribunal Rules.
  3. 3 Whether granting condonation would be in the interests of justice.

Ratio Decidendi

The Tribunal found that the applicants provided a reasonable explanation for the delay in filing their answering affidavit, primarily due to improper service and circumstances beyond their control. The degree of lateness was not substantial and was outweighed by the applicants' prospects of success and the importance of the matter to both parties. The Tribunal emphasized that the interests of justice require that parties be given an opportunity to present their full case, especially where bona fide defences are raised. Accordingly, condonation was granted, allowing the applicants to file their application for leave to refer the matter to the Tribunal within 20 days.

Court Disposition

Condonation granted for late filing of answering affidavit.

Orders

  • The application for condonation is granted.
  • The applicant must file her application for leave to refer to the Tribunal within 20 days of the issuing of this judgment.