Koopman v Holiday Access and Another (NCT/4722/2012/114(1)(P) NCA) [2013] ZANCT 29 (20 September 2013)

Koopman v Holiday Access and Another (NCT/4722/2012/114(1)(P) NCA) [2013] ZANCT 29 (20 September 2013)

The Tribunal was satisfied that both Respondents received adequate notice of the hearing and proceeded in their absence. The Applicant confirmed in correspondence prior to the hearing that he had received the statements sought from Holiday Access. As the relief requested had already been obtained, the application to compel production of statements had no merit. It was therefore unnecessary to consider whether Section 114 of the National Credit Act applied to the agreement, or whether the agreement constituted a credit agreement. The application was dismissed and no order as to costs was made.

Citation
[2013] ZANCT 29
Parties
Applicant: Arno Chris Koopman; Respondent: Holiday Access; Respondent: National Consumer Commission
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 September 2013
Case Number
NCT/4722/2012/114(1)(P) NCA
Procedural Posture
Default Application / Final Determination
Outcome
Application dismissed; no order as to costs.
Judges
FK Manamela, B C Dumisa, F Sibanda
Legal Topics
Default Judgment, Production of Statement, National Credit Act, Jurisdiction of Tribunal
Civil Procedure Default Judgment Production of Statement National Credit Act Jurisdiction of Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Arno Chris Koopman

Applicant

Holiday Access

Respondent

National Consumer Commission

Respondent

Procedural Posture

Default Application / Final Determination

Legal Issues

  1. 1 Whether the Tribunal should proceed to hear the matter on a default basis due to non-attendance by the Respondents.
  2. 2 Whether the Tribunal can grant the relief sought when the Applicant has already received the statements requested.
  3. 3 Whether Section 114 of the National Credit Act applies to the agreement between the parties.

Ratio Decidendi

The Tribunal was satisfied that both Respondents received adequate notice of the hearing and proceeded in their absence. The Applicant confirmed in correspondence prior to the hearing that he had received the statements sought from Holiday Access. As the relief requested had already been obtained, the application to compel production of statements had no merit. It was therefore unnecessary to consider whether Section 114 of the National Credit Act applied to the agreement, or whether the agreement constituted a credit agreement. The application was dismissed and no order as to costs was made.

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.