Experian South Africa (Pty) Ltd v National Credit Regulator; In Re: National Credit Regulator v Experian South Africa (Pty) Ltd (NCT/128838/2019/140(1)) [2019] ZANCT 82 (4 June 2019)

Experian South Africa (Pty) Ltd v National Credit Regulator; In Re: National Credit Regulator v Experian South Africa (Pty) Ltd (NCT/128838/2019/140(1)) [2019] ZANCT 82 (4 June 2019)

The Tribunal found that Experian provided a reasonable explanation for the one-day delay in filing its answering affidavit, citing the complexity and volume of the matter. The delay was not excessive, and Experian would suffer prejudice if denied the opportunity to respond to serious allegations and the risk of an administrative fine. The interests of justice require that all facts be placed before the Tribunal and that both parties have the opportunity to fully ventilate their cases. The Tribunal exercised its discretion to grant condonation, as the delay was minimal, the explanation reasonable, and the matter of significant importance to Experian.

Citation
[2019] ZANCT 82
Parties
Applicant: Experian South Africa (Pty) Ltd; Respondent: National Credit Regulator; Applicant: National Credit Regulator; Respondent: Experian South Africa (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
4 June 2019
Case Number
NCT/128838/2019/140(1)
Procedural Posture
Condonation Application / Interlocutory Application for Condonation of Late Filing of Answering Affidavit
Outcome
Condonation for the late filing of the answering affidavit is granted.
Judges
H Devraj
Legal Topics
Condonation, Late Filing of Affidavit, Tribunal Rules, Interests of Justice
Civil Procedure Condonation Late Filing of Affidavit Tribunal Rules Interests of Justice

Case Brief

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Parties

Experian South Africa (Pty) Ltd

Applicant

National Credit Regulator

Respondent

National Credit Regulator

Applicant

Experian South Africa (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Interlocutory Application for Condonation of Late Filing of Answering Affidavit

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the answering affidavit by Experian.
  2. 2 Whether Experian will suffer prejudice if condonation is refused.
  3. 3 Whether the delay was unreasonable or excessive.

Ratio Decidendi

The Tribunal found that Experian provided a reasonable explanation for the one-day delay in filing its answering affidavit, citing the complexity and volume of the matter. The delay was not excessive, and Experian would suffer prejudice if denied the opportunity to respond to serious allegations and the risk of an administrative fine. The interests of justice require that all facts be placed before the Tribunal and that both parties have the opportunity to fully ventilate their cases. The Tribunal exercised its discretion to grant condonation, as the delay was minimal, the explanation reasonable, and the matter of significant importance to Experian.

Court Disposition

Condonation for the late filing of the answering affidavit is granted.

Orders

  • The condonation application for the late filing of the answering affidavit is granted.
  • The National Credit Regulator must file its replying affidavit within 10 days of receipt of this ruling.