Loeve v Absa Bank Limited and Others (NCT/67580/2016/165(1)(P)NCA) [2016] ZANCT 59 (22 December 2016)

Loeve v Absa Bank Limited and Others (NCT/67580/2016/165(1)(P)NCA) [2016] ZANCT 59 (22 December 2016)

The Tribunal found that the applicant and all respondents were properly notified of the hearing date, time, and venue. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the presiding member was satisfied that the requirements for notification were met. As neither the applicant nor any respondent appeared at the hearing, the Tribunal dismissed the application for variation of the previous order. The applicant retains the right to refile the application.

Citation
[2016] ZANCT 59
Parties
Applicant: Liezel Loeve; Respondent: Absa Bank Limited; Respondent: Direct Axis (SA) (Pty) Ltd, on behalf of Firstrand Bank Limited; Respondent: Edcon (Pty) Ltd t/a Edgars; Respondent: First National Bank, a Division of Firstrand Bank Limited; Respondent: Nedbank Limited; Respondent: SA Home Loans (Pty) Ltd; Respondent: Standard Bank of South Africa Limited; Respondent: Woolworths (Pty) Ltd; Respondent: Motor Finance Corporation
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
22 December 2016
Case Number
NCT/67580/2016/165(1)(P)NCA
Procedural Posture
Review Application / Application for Variation of Tribunal Order Under Section 165 of the National Credit Act
Outcome
Application dismissed due to non-appearance by the applicant.
Judges
H Devraj, F Manamela, P Beck
Legal Topics
Debt Rearrangement, Variation of Order, Non Appearance, National Credit Act
Civil Procedure Debt Rearrangement Variation of Order Non Appearance National Credit Act

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 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Liezel Loeve

Applicant

Absa Bank Limited

Respondent

Direct Axis (SA) (Pty) Ltd, on behalf of Firstrand Bank Limited

Respondent

Edcon (Pty) Ltd t/a Edgars

Respondent

First National Bank, a Division of Firstrand Bank Limited

Respondent

Nedbank Limited

Respondent

SA Home Loans (Pty) Ltd

Respondent

Standard Bank of South Africa Limited

Respondent

Woolworths (Pty) Ltd

Respondent

Motor Finance Corporation

Respondent

Procedural Posture

Review Application / Application for Variation of Tribunal Order Under Section 165 of the National Credit Act

Legal Issues

  1. 1 Whether the Tribunal should vary its previous debt re-arrangement order to include the Motor Finance Corporation account.
  2. 2 Whether the application should be dismissed due to non-appearance by the applicant.

Ratio Decidendi

The Tribunal found that the applicant and all respondents were properly notified of the hearing date, time, and venue. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the presiding member was satisfied that the requirements for notification were met. As neither the applicant nor any respondent appeared at the hearing, the Tribunal dismissed the application for variation of the previous order. The applicant retains the right to refile the application.

Court Disposition

Application dismissed due to non-appearance by the applicant.

Orders

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