Legodi v Absa Bank Limited and Others (NCT/65442/2016/165(1)(P)NCA) [2017] ZANCT 53 (4 January 2017)

Legodi v Absa Bank Limited and Others (NCT/65442/2016/165(1)(P)NCA) [2017] ZANCT 53 (4 January 2017)

The Tribunal found that the applicant and respondents were properly notified of the hearing date, time, and venue. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the absence of the applicant justified dismissal of the application. The Tribunal formally dismissed the application for variation under Section 165 of the National Credit Act, but indicated that the applicant may refile the application.

Citation
[2017] ZANCT 53
Parties
Applicant: Mosatho Mashack Legodi; Respondent: Absa Bank Ltd; Respondent: African Bank Limited; Respondent: Direct Axis (SA) Pty Ltd; Respondent: Nedbank Limited; Respondent: Old Mutual Finance (Pty) Ltd; Respondent: RCS General Purpose Card; Respondent: RCS Loan; Respondent: Wesbank, a Division of Firstrand Bank Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
4 January 2017
Case Number
NCT/65442/2016/165(1)(P)NCA
Procedural Posture
Review Application / Application for Variation of Previous Tribunal Order Under Section 165(1) of the National Credit Act
Outcome
Application dismissed due to non-appearance by all parties.
Judges
H Devraj, F Manamela, P Beck
Legal Topics
National Credit Act, Debt Rearrangement, Variation of Order, Non Appearance, Dismissal of Application
Banking and Finance Civil Procedure National Credit Act Debt Rearrangement Variation of Order Non Appearance Dismissal of Application

Case Brief

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Parties

Mosatho Mashack Legodi

Applicant

Absa Bank Ltd

Respondent

African Bank Limited

Respondent

Direct Axis (SA) Pty Ltd

Respondent

Nedbank Limited

Respondent

Old Mutual Finance (Pty) Ltd

Respondent

RCS General Purpose Card

Respondent

RCS Loan

Respondent

Wesbank, a Division of Firstrand Bank Ltd

Respondent

Procedural Posture

Review Application / Application for Variation of Previous Tribunal Order Under Section 165(1) of the National Credit Act

Legal Issues

  1. 1 Whether the Tribunal should vary its previous debt re-arrangement order under Section 165(1) of the National Credit Act.
  2. 2 Whether the application should be dismissed due to non-appearance by the applicant and respondents.

Ratio Decidendi

The Tribunal found that the applicant and respondents were properly notified of the hearing date, time, and venue. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the absence of the applicant justified dismissal of the application. The Tribunal formally dismissed the application for variation under Section 165 of the National Credit Act, but indicated that the applicant may refile the application.

Court Disposition

Application dismissed due to non-appearance by all parties.

Orders

  • The application lodged in terms of Section 165 of the National Credit Act is dismissed.
  • The applicant may refile the application.