Edwards v Accordian Investments (Pty) Ltd (NCT/82942/ 2017/75(1)(b)) [2018] ZANCT 9 (22 March 2018)

Edwards v Accordian Investments (Pty) Ltd (NCT/82942/ 2017/75(1)(b)) [2018] ZANCT 9 (22 March 2018)

The Tribunal found that the applicant's complaint falls within the ambit of the Consumer Protection Act and that she has laid a sufficient foundation for her claim. The matter is of substantial importance to the applicant, who has demonstrated significant effort and personal impact. There are factual and legal disputes that require a full hearing. The Tribunal is satisfied that the applicant has reasonable prospects of success and that the issues raised warrant further ventilation before the Tribunal. Accordingly, leave to refer the complaint directly to the Tribunal is granted.

Citation
[2018] ZANCT 9
Parties
Applicant: Bridget Lyn Edwards; Respondent: Accordian Investments (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
22 March 2018
Case Number
NCT/82942/2017/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal Under Section 75(1)(b) of the Consumer Protection Act
Outcome
Leave to refer the complaint directly to the Tribunal is granted.
Judges
T Woker
Legal Topics
Consumer Protection Act, Leave to Refer, Quality of Goods, Remedies for Defective Goods, Reasonable Prospects of Success
Commercial and Corporate Civil Procedure Consumer Protection Act Leave to Refer Quality of Goods Remedies for Defective Goods Reasonable Prospects of Success

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Parties

Bridget Lyn Edwards

Applicant

Accordian Investments (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal Under Section 75(1)(b) of the Consumer Protection Act

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer her complaint directly to the Tribunal under section 75(1)(b) of the Consumer Protection Act.
  2. 2 Whether the applicant has reasonable prospects of success with her referral.
  3. 3 Whether the matter is of substantial importance to the applicant.

Ratio Decidendi

The Tribunal found that the applicant's complaint falls within the ambit of the Consumer Protection Act and that she has laid a sufficient foundation for her claim. The matter is of substantial importance to the applicant, who has demonstrated significant effort and personal impact. There are factual and legal disputes that require a full hearing. The Tribunal is satisfied that the applicant has reasonable prospects of success and that the issues raised warrant further ventilation before the Tribunal. Accordingly, leave to refer the complaint directly to the Tribunal is granted.

Court Disposition

Leave to refer the complaint directly to the Tribunal is granted.

Orders

  • Leave is granted for the applicant to refer her complaint against the respondent to the National Consumer Tribunal under section 75(1)(b) of the Consumer Protection Act.