Lephoto v Frankle Motors CC t/a Swan Motors (NCT/257336/2023/75(1)(b)) [2023] ZANCT 53 (7 December 2023)

Lephoto v Frankle Motors CC t/a Swan Motors (NCT/257336/2023/75(1)(b)) [2023] ZANCT 53 (7 December 2023)

The Tribunal found that the parties had reached a settlement agreement outside its proceedings and that the applicant had formally withdrawn the application. As the applicant did not wish to make the settlement agreement an order of the Tribunal and requested removal of the matter from the roll, the Tribunal complied. No finding was made on the merits of the application, and no cost order was issued.

Citation
[2023] ZANCT 53
Parties
Applicant: Bonakele Hendrik Lephoto; Respondent: Frankle Motors CC t/a Swan Motors
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 December 2023
Case Number
NCT/257336/2023/75(1)(b)
Procedural Posture
Review Application / Application for Redress Under Section 75(1)(b) of the Consumer Protection Act
Outcome
Application withdrawn and matter removed from the roll following settlement between the parties.
Judges
MC Peenze, S Hockey, A Potwana
Legal Topics
Consumer Protection Act, Contractual Settlement, Withdrawal of Application
Commercial and Corporate Civil Procedure Consumer Protection Act Contractual Settlement Withdrawal of Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bonakele Hendrik Lephoto

Applicant

Frankle Motors CC t/a Swan Motors

Respondent

Procedural Posture

Review Application / Application for Redress Under Section 75(1)(b) of the Consumer Protection Act

Legal Issues

  1. 1 Whether the respondent breached the Consumer Protection Act by failing to repair the applicant's vehicle as requested.
  2. 2 Whether the applicant is entitled to redress under section 75(1)(b) of the Consumer Protection Act.
  3. 3 Whether the matter should be removed from the Tribunal's roll following settlement.

Ratio Decidendi

The Tribunal found that the parties had reached a settlement agreement outside its proceedings and that the applicant had formally withdrawn the application. As the applicant did not wish to make the settlement agreement an order of the Tribunal and requested removal of the matter from the roll, the Tribunal complied. No finding was made on the merits of the application, and no cost order was issued.

Court Disposition

Application withdrawn and matter removed from the roll following settlement between the parties.

Orders

  • The matter is removed from the roll.
  • There is no cost order.