JDG Trading (Pty) Ltd v National Credit Regulator (NCT/29052/2015/141(1) NCA – Rule 34) [2019] ZANCT 40 (22 April 2019)

JDG Trading (Pty) Ltd v National Credit Regulator (NCT/29052/2015/141(1) NCA – Rule 34) [2019] ZANCT 40 (22 April 2019)

The Tribunal found that the application for condonation was not opposed by the National Credit Regulator, that there was no indication of JDG unnecessarily or wilfully delaying the process, and that the delay was not excessive under the circumstances. The Tribunal accepted JDG's explanation for the delay, noting that the holiday period affected the availability of its representatives. The Tribunal further found that JDG would suffer undue prejudice if condonation were refused and that the supplementary affidavits were important for the proper adjudication of the matter. On an objective conspectus of all the facts, the Tribunal concluded that good cause was shown and condonation should be...

Citation
[2019] ZANCT 40
Parties
Applicant: JDG Trading (Pty) Ltd; Respondent: National Credit Regulator; Respondent: JDG Micro Life Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
22 April 2019
Case Number
NCT/29052/2015/141(1)
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing of Supplementary Answering Affidavit
Outcome
Condonation granted for the late filing of JDG's supplementary answering affidavit.
Judges
J Simpson
Legal Topics
Condonation, Late Filing, Supplementary Affidavit, Tribunal Rules
Civil Procedure Condonation Late Filing Supplementary Affidavit Tribunal Rules

Case Brief

Summary, issues, holding and outcome

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Parties

JDG Trading (Pty) Ltd

Applicant

National Credit Regulator

Respondent

JDG Micro Life Ltd

Respondent

Procedural Posture

Condonation Application / Ruling on Condonation for Late Filing of Supplementary Answering Affidavit

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of JDG's supplementary answering affidavit.
  2. 2 Whether the delay prejudiced the National Credit Regulator or the administration of justice.
  3. 3 Whether good cause exists for condonation under Rule 34 of the Tribunal Rules.

Ratio Decidendi

The Tribunal found that the application for condonation was not opposed by the National Credit Regulator, that there was no indication of JDG unnecessarily or wilfully delaying the process, and that the delay was not excessive under the circumstances. The Tribunal accepted JDG's explanation for the delay, noting that the holiday period affected the availability of its representatives. The Tribunal further found that JDG would suffer undue prejudice if condonation were refused and that the supplementary affidavits were important for the proper adjudication of the matter. On an objective conspectus of all the facts, the Tribunal concluded that good cause was shown and condonation should be...

Court Disposition

Condonation granted for the late filing of JDG's supplementary answering affidavit.

Orders

  • Condonation is granted to JDG for the late filing of its answering affidavit.
  • The National Credit Regulator may file a replying affidavit in response to the supplementary answering affidavit within 15 business days after this Ruling is issued.