JDG Trading Proprietary Limited and Another v National Credit Regulator; In re: National Credit Regulator v JDG Trading Proprietary Limited and Another (NCT/29052/2015/140(1)(P)) [2017] ZANCT 127 (1 November 2017)

JDG Trading Proprietary Limited and Another v National Credit Regulator; In re: National Credit Regulator v JDG Trading Proprietary Limited and Another (NCT/29052/2015/140(1)(P)) [2017] ZANCT 127 (1 November 2017)

The Tribunal found that the Applicants' condonation application was not opposed and that the parties had mutually agreed to the filing of supplementary affidavits. The Tribunal considered that the Respondent would not suffer prejudice, as the Applicants were entitled to respond fully to new material raised in the Respondent's replying affidavit. The interests of justice required that all relevant information be placed before the Tribunal for fair adjudication. The Tribunal held that the factors listed—lack of opposition, absence of prejudice, and the importance of the matter—constituted good cause for condonation. Accordingly, the Tribunal granted the application, allowing the Applicants...

Citation
[2017] ZANCT 127
Parties
Applicant: JDG Trading Proprietary Limited; Applicant: JDG Micro Life Limited; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
1 November 2017
Case Number
NCT/29052/2015/140(1)(P)
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Supplementary Affidavits in Main Matter
Outcome
Condonation granted for the late filing of supplementary affidavits by the Applicants.
Judges
FK Manamela
Legal Topics
Condonation, Supplementary Affidavit, Tribunal Rules, Late Filing, Interests of Justice
Civil Procedure Condonation Supplementary Affidavit Tribunal Rules Late Filing Interests of Justice

Case Brief

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Parties

JDG Trading Proprietary Limited

Applicant

JDG Micro Life Limited

Applicant

National Credit Regulator

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Filing of Supplementary Affidavits in Main Matter

Legal Issues

  1. 1 Whether the Applicants should be granted condonation for the late filing of supplementary affidavits in the main matter.
  2. 2 Whether the interests of justice favour granting condonation under Rule 34 of the Tribunal Rules.

Ratio Decidendi

The Tribunal found that the Applicants' condonation application was not opposed and that the parties had mutually agreed to the filing of supplementary affidavits. The Tribunal considered that the Respondent would not suffer prejudice, as the Applicants were entitled to respond fully to new material raised in the Respondent's replying affidavit. The interests of justice required that all relevant information be placed before the Tribunal for fair adjudication. The Tribunal held that the factors listed—lack of opposition, absence of prejudice, and the importance of the matter—constituted good cause for condonation. Accordingly, the Tribunal granted the application, allowing the Applicants...

Court Disposition

Condonation granted for the late filing of supplementary affidavits by the Applicants.

Orders

  • Condonation is granted to the Applicants for the further filing of supplementary affidavits within 15 business days of this order.
  • The National Credit Regulator may file its replying affidavit in accordance with the Tribunal Rules in the normal course.