Govender and Another v Advance Pools CC (NCT/107447/2018/75(1) (b)) [2018] ZANCT 106 (10 October 2018)

Govender and Another v Advance Pools CC (NCT/107447/2018/75(1) (b)) [2018] ZANCT 106 (10 October 2018)

The Tribunal found that the Applicants had made numerous attempts to resolve the matter and that the dispute regarding defective workmanship and poor quality of the pool installation was distinct from the claim previously adjudicated in the Small Claims Court. The Tribunal was satisfied that the matter was of substantial importance to the Applicants, given the financial loss, health hazards, and impact on property value. The Tribunal also determined that the Applicants had reasonable prospects of success, as the issue of res judicata was likely to be resolved in their favour and the alleged breaches of the Consumer Protection Act warranted adjudication. Accordingly, the Tribunal granted...

Citation
[2018] ZANCT 106
Parties
Applicant: Gavinthren Govender; Applicant: Leah Joan Govender; Respondent: Advance Pools CC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
10 October 2018
Case Number
NCT/107447/2018/75(1) (b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal
Outcome
Leave to refer the complaint directly to the Tribunal is granted.
Judges
Tanya Woker
Legal Topics
Consumer Protection Act, Leave to Refer, Defective Workmanship, Res Judicata
Civil Procedure Commercial and Corporate Consumer Protection Act Leave to Refer Defective Workmanship Res Judicata

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Parties

Gavinthren Govender

Applicant

Leah Joan Govender

Applicant

Advance Pools CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal

Legal Issues

  1. 1 Whether the Applicants should be granted leave to refer their complaint directly to the Tribunal under section 75(1)(b) of the Consumer Protection Act.
  2. 2 Whether the matter is of substantial importance to the Applicants.
  3. 3 Whether the Applicants have reasonable prospects of success with the referral, considering the issue of res judicata and alleged breaches of the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that the Applicants had made numerous attempts to resolve the matter and that the dispute regarding defective workmanship and poor quality of the pool installation was distinct from the claim previously adjudicated in the Small Claims Court. The Tribunal was satisfied that the matter was of substantial importance to the Applicants, given the financial loss, health hazards, and impact on property value. The Tribunal also determined that the Applicants had reasonable prospects of success, as the issue of res judicata was likely to be resolved in their favour and the alleged breaches of the Consumer Protection Act warranted adjudication. Accordingly, the Tribunal granted...

Court Disposition

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

Orders

  • The application for leave from the Tribunal is granted.
  • No order is made as to costs.