Letsoalo v McCarthy LTD T/A Bidvest McCarthy Land Rover & Jaguar Midrand (NCT/107136/2018/75(1)(b)) [2018] ZANCT 114 (4 August 2018)

Letsoalo v McCarthy LTD T/A Bidvest McCarthy Land Rover & Jaguar Midrand (NCT/107136/2018/75(1)(b)) [2018] ZANCT 114 (4 August 2018)

The Tribunal found that the delay in filing was not extensive and that the applicant had attempted to comply with the procedures shortly after receiving the notice of non-referral. The nature of the relief sought was within the Tribunal's jurisdiction and the matter was important to both parties. However, the applicant's own independent assessor's report indicated that the damage to the vehicle was due to a pure failure of the spark plug part, not attributable to the respondent. Consequently, the applicant did not have reasonable prospects of success in proving the respondent's liability. In the absence of reasonable prospects of success, the Tribunal concluded that good cause for...

Citation
[2018] ZANCT 114
Parties
Applicant: Mokiti Zacariah Letsoalo; Respondent: McCarthy LTD T/A Bidvest McCarthy Land Rover & Jaguar Midrand
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
4 August 2018
Case Number
NCT/107136/2018/75(1)(b)
Procedural Posture
Condonation Application / Ruling on Condonation for Late Referral
Outcome
Condonation for the late filing of the applicant's application for leave to refer his complaint to the Tribunal is refused.
Judges
A Potwana
Legal Topics
Condonation, Late Referral, Consumer Protection Act, Leave to Refer
Civil Procedure Condonation Late Referral Consumer Protection Act Leave to Refer

Case Brief

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Parties

Mokiti Zacariah Letsoalo

Applicant

McCarthy LTD T/A Bidvest McCarthy Land Rover & Jaguar Midrand

Respondent

Procedural Posture

Condonation Application / Ruling on Condonation for Late Referral

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to refer the complaint to the Tribunal.

Ratio Decidendi

The Tribunal found that the delay in filing was not extensive and that the applicant had attempted to comply with the procedures shortly after receiving the notice of non-referral. The nature of the relief sought was within the Tribunal's jurisdiction and the matter was important to both parties. However, the applicant's own independent assessor's report indicated that the damage to the vehicle was due to a pure failure of the spark plug part, not attributable to the respondent. Consequently, the applicant did not have reasonable prospects of success in proving the respondent's liability. In the absence of reasonable prospects of success, the Tribunal concluded that good cause for...

Court Disposition

Condonation for the late filing of the applicant's application for leave to refer his complaint to the Tribunal is refused.

Orders

  • Condonation for the late filing of the applicant's application for leave to refer his complaint to the Tribunal is refused.
  • No order as to costs.