Fourie and Another v Nedbank Ltd (NCT/8255/2013/165(1)P) [2013] ZANCT 31 (7 October 2013)

Fourie and Another v Nedbank Ltd (NCT/8255/2013/165(1)P) [2013] ZANCT 31 (7 October 2013)

The Tribunal found that neither the applicants nor the respondent appeared at the scheduled hearing, despite proper notification having been sent to all parties. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the presiding member was satisfied that the parties were properly notified. As the applicants failed to attend or be represented, the Tribunal dismissed the application for rescission of the previous order.

Citation
[2013] ZANCT 31
Parties
Applicant: Louis Leonard Fourie; Applicant: Melanie Ann Fourie; Respondent: Nedbank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 October 2013
Case Number
NCT/8255/2013/165(1)P
Procedural Posture
Review Application / Application for Rescission of Tribunal Order
Outcome
Application dismissed due to non-appearance by the applicants.
Judges
D Terblanche, J Simpson, H Devraj
Legal Topics
Debt Review, Rescission of Order, Non Appearance, National Credit Act
Civil Procedure Debt Review Rescission of Order Non Appearance National Credit Act

Case Brief

Summary, issues, holding and outcome

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Parties

Louis Leonard Fourie

Applicant

Melanie Ann Fourie

Applicant

Nedbank Limited

Respondent

Procedural Posture

Review Application / Application for Rescission of Tribunal Order

Legal Issues

  1. 1 Whether the application for rescission of the Tribunal's previous debt re-arrangement order should be granted.
  2. 2 Whether the parties were properly notified of the hearing date, time, and venue.
  3. 3 Whether the application should be dismissed due to non-appearance by the applicants.

Ratio Decidendi

The Tribunal found that neither the applicants nor the respondent appeared at the scheduled hearing, despite proper notification having been sent to all parties. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the presiding member was satisfied that the parties were properly notified. As the applicants failed to attend or be represented, the Tribunal dismissed the application for rescission of the previous order.

Court Disposition

Application dismissed due to non-appearance by the applicants.

Orders

  • The application lodged in terms of Section 165 of the National Credit Act is hereby dismissed.