Kwazulu Natal Consumer Protector and Another v Container Box Solutions (KZNCT04/2023) [2023] ZACONAF 6 (31 May 2023)

Kwazulu Natal Consumer Protector and Another v Container Box Solutions (KZNCT04/2023) [2023] ZACONAF 6 (31 May 2023)

The Tribunal found that the First Applicant had made reasonable and diligent efforts to serve the summons on the Defendant using conventional methods, but these attempts were unsuccessful. The Tribunal accepted the confirmatory affidavit as evidence of these efforts. In accordance with Regulation 12(2)(d) of the KwaZulu-Natal Consumer Protection Act and guided by Rule 4(2) of the High Court Rules, the Tribunal held that substituted service is justified when normal forms of service cannot be utilized. The Tribunal therefore authorized substituted service by publication in local newspapers, email to the last known address, and, if possible, publication on the Defendant's website. The costs...

Citation
[2023] ZACONAF 6
Parties
Applicant: Kwazulu Natal Consumer Protector; Applicant: Berenique Balsdon; Defendant: Container Box Solutions
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
31 May 2023
Case Number
KZNCT04/2023
Procedural Posture
Leave to Appeal / Application for Substituted Service Before the Kwa Zulu Natal Consumer Tribunal
Outcome
Application for substituted service granted.
Judges
B. Dumisa, N Cawe, P. Dabideen
Legal Topics
Substituted Service, Service of Process, Consumer Protection Act Kzn, Tribunal Procedure
Civil Procedure Substituted Service Service of Process Consumer Protection Act Kzn Tribunal Procedure

Case Brief

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Parties

Kwazulu Natal Consumer Protector

Applicant

Berenique Balsdon

Applicant

Container Box Solutions

Defendant

Procedural Posture

Leave to Appeal / Application for Substituted Service Before the Kwa Zulu Natal Consumer Tribunal

Legal Issues

  1. 1 Whether the Tribunal should grant leave for substituted service of summons on the Defendant.
  2. 2 Whether the requirements for substituted service under Regulation 12(2)(d) of the KwaZulu-Natal Consumer Protection Act No 4 of 2013 are met.

Ratio Decidendi

The Tribunal found that the First Applicant had made reasonable and diligent efforts to serve the summons on the Defendant using conventional methods, but these attempts were unsuccessful. The Tribunal accepted the confirmatory affidavit as evidence of these efforts. In accordance with Regulation 12(2)(d) of the KwaZulu-Natal Consumer Protection Act and guided by Rule 4(2) of the High Court Rules, the Tribunal held that substituted service is justified when normal forms of service cannot be utilized. The Tribunal therefore authorized substituted service by publication in local newspapers, email to the last known address, and, if possible, publication on the Defendant's website. The costs...

Court Disposition

Application for substituted service granted.

Orders

  • The First Applicant is authorized to publish the summons, excluding the founding affidavit and annexures, in a local newspaper within 14 calendar days of this order.
  • The First Applicant must serve a copy of the summons, founding affidavit, and annexures by email to the Defendant's last known email address within seven calendar days of this order, where possible.