Foschini Retail Group (Pty) Ltd v National Credit Regulator; In re: National Credit Regulator v Foschini Retail Group (Pty) Ltd (NCT/84881/2017/140(1) NCA - Rule 34) [2018] ZANCT 35 (11 June 2018)

Foschini Retail Group (Pty) Ltd v National Credit Regulator; In re: National Credit Regulator v Foschini Retail Group (Pty) Ltd (NCT/84881/2017/140(1) NCA - Rule 34) [2018] ZANCT 35 (11 June 2018)

The Tribunal found that Foschini Retail Group (Pty) Ltd provided a reasonable explanation for the late filing of the supplementary affidavit, as the information could not be obtained in time for the founding affidavit. The application for condonation was not opposed by the National Credit Regulator, and there was no indication that the supplementary affidavit was filed to delay proceedings or cause prejudice. The Tribunal held that the filing of the supplementary affidavit constitutes a permissible departure from the rules under Rule 34(1)(d), and that good cause was shown in the circumstances. Accordingly, condonation for the late filing was granted, and the National Credit Regulator was...

Citation
[2018] ZANCT 35
Parties
Applicant: Foschini Retail Group (Pty) Ltd; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
11 June 2018
Case Number
NCT/84881/2017/140(1)
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Supplementary Affidavit
Outcome
Condonation for the late filing of the supplementary affidavit by Foschini Retail Group (Pty) Ltd is granted.
Judges
J Simpson, A Potwana, H Devraj
Legal Topics
Condonation, Late Filing, Supplementary Affidavit, Tribunal Rules
Civil Procedure Condonation Late Filing Supplementary Affidavit Tribunal Rules

Case Brief

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Parties

Foschini Retail Group (Pty) Ltd

Applicant

National Credit Regulator

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Filing of Supplementary Affidavit

Legal Issues

  1. 1 Whether Foschini Retail Group (Pty) Ltd should be granted condonation for the late filing of a supplementary affidavit.
  2. 2 Whether the filing of the supplementary affidavit constitutes a permissible departure from the Tribunal's rules and procedures.
  3. 3 Whether the National Credit Regulator is prejudiced by the late filing of the supplementary affidavit.

Ratio Decidendi

The Tribunal found that Foschini Retail Group (Pty) Ltd provided a reasonable explanation for the late filing of the supplementary affidavit, as the information could not be obtained in time for the founding affidavit. The application for condonation was not opposed by the National Credit Regulator, and there was no indication that the supplementary affidavit was filed to delay proceedings or cause prejudice. The Tribunal held that the filing of the supplementary affidavit constitutes a permissible departure from the rules under Rule 34(1)(d), and that good cause was shown in the circumstances. Accordingly, condonation for the late filing was granted, and the National Credit Regulator was...

Court Disposition

Condonation for the late filing of the supplementary affidavit by Foschini Retail Group (Pty) Ltd is granted.

Orders

  • Condonation is hereby granted to Foschini for the filing of the supplementary affidavit.
  • The National Credit Regulator may file an affidavit in response to the supplementary affidavit within 10 business days after the judgment is issued to the parties.