Esterhuizen v Bridge Loans (NCT/18507/2014/137(3)) [2015] ZANCT 15 (11 June 2015)

Esterhuizen v Bridge Loans (NCT/18507/2014/137(3)) [2015] ZANCT 15 (11 June 2015)

The Tribunal refused the application because the applicant failed to provide objective proof that the application was properly served on the respondent as required by Tribunal Rule 30. Furthermore, the applicant did not demonstrate that the statutory prerequisites for referral to the Tribunal under section 137(3) were met, particularly the requirement to refer the dispute to an ombud if the credit provider is a participant in a recognised scheme. The Tribunal also found that the order sought by the applicant does not fall within the scope of orders the Tribunal is empowered to grant under section 150 of the Act. As a result, the application was refused and no order as to costs was made.

Citation
[2015] ZANCT 15
Parties
Applicant: Natasha Esterhuizen; Respondent: Bridge Loans
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
11 June 2015
Case Number
NCT/18507/2014/137(3)
Procedural Posture
Review Application / Application for Order Under Section 137(3) of the National Credit Act
Outcome
Application refused.
Judges
J Simpson
Legal Topics
National Credit Act, Alternative Dispute Resolution, Jurisdiction of Tribunal, Service of Process
Banking and Finance Civil Procedure National Credit Act Alternative Dispute Resolution Jurisdiction of Tribunal Service of Process

Case Brief

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Parties

Natasha Esterhuizen

Applicant

Bridge Loans

Respondent

Procedural Posture

Review Application / Application for Order Under Section 137(3) of the National Credit Act

Legal Issues

  1. 1 Whether the application was properly served on the respondent as required by Tribunal rules.
  2. 2 Whether the applicant complied with the statutory requirements for referral to the Tribunal under section 137(3) of the National Credit Act.
  3. 3 Whether the Tribunal has the power to grant the order sought by the applicant under section 150 of the Act.

Ratio Decidendi

The Tribunal refused the application because the applicant failed to provide objective proof that the application was properly served on the respondent as required by Tribunal Rule 30. Furthermore, the applicant did not demonstrate that the statutory prerequisites for referral to the Tribunal under section 137(3) were met, particularly the requirement to refer the dispute to an ombud if the credit provider is a participant in a recognised scheme. The Tribunal also found that the order sought by the applicant does not fall within the scope of orders the Tribunal is empowered to grant under section 150 of the Act. As a result, the application was refused and no order as to costs was made.

Court Disposition

Application refused.

Orders

  • The application for an order in terms of section 137(3) of the Act is refused.
  • No order as to costs.