Mabandla v McCarthy Limited T/A Mercedez Benz Fountains (NCT/109968/2018/75(1)(b)) [2018] ZANCT 111 (27 August 2018)

Mabandla v McCarthy Limited T/A Mercedez Benz Fountains (NCT/109968/2018/75(1)(b)) [2018] ZANCT 111 (27 August 2018)

The Tribunal found that the applicant provided a reasonable explanation for the delay in filing the leave to refer application, citing attempts to resolve the matter and the involvement of multiple parties. The delay was not wilful, and the applicant demonstrated probable prospects of success in the main application. The matter is of importance to both parties, and the respondent will not suffer prejudice if condonation is granted. The Tribunal exercised its discretion in favour of the applicant, finding that good cause was shown and that it is in the interests of justice to grant condonation for the late filing.

Citation
[2018] ZANCT 111
Parties
Applicant: Landikaya Pikolomzi Mabandla; Respondent: McCarthy Limited T/A Mercedez Benz Fountains
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
27 August 2018
Case Number
NCT/109968/2018/75(1)(b)
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing of Leave to Refer Application
Outcome
Condonation for the late filing of the main application is granted.
Judges
FK Manamela
Legal Topics
Condonation, Late Filing, Leave to Refer, Consumer Protection Act
Civil Procedure Condonation Late Filing Leave to Refer Consumer Protection Act

Case Brief

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Parties

Landikaya Pikolomzi Mabandla

Applicant

McCarthy Limited T/A Mercedez Benz Fountains

Respondent

Procedural Posture

Condonation Application / Ruling on Condonation for Late Filing of Leave to Refer Application

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late filing of the leave to refer application.
  2. 2 Whether it is in the interests of justice to grant condonation for the late filing.

Ratio Decidendi

The Tribunal found that the applicant provided a reasonable explanation for the delay in filing the leave to refer application, citing attempts to resolve the matter and the involvement of multiple parties. The delay was not wilful, and the applicant demonstrated probable prospects of success in the main application. The matter is of importance to both parties, and the respondent will not suffer prejudice if condonation is granted. The Tribunal exercised its discretion in favour of the applicant, finding that good cause was shown and that it is in the interests of justice to grant condonation for the late filing.

Court Disposition

Condonation for the late filing of the main application is granted.

Orders

  • The late filing of the main application under section 75(1)(b) of the Consumer Protection Act is condoned.
  • There is no order as to costs.