Mabatha v Johan & Philly Auto Traders CC t/a Cars.com11 (NCT/117449/2018/75(1)(b)) [2019] ZANCT 110 (30 June 2019)

Mabatha v Johan & Philly Auto Traders CC t/a Cars.com11 (NCT/117449/2018/75(1)(b)) [2019] ZANCT 110 (30 June 2019)

The Tribunal found that the Applicant had established that the matter was of substantial importance to her, as she was left paying a loan for a vehicle she never received and was deprived of her Nissan. The Tribunal accepted that the Applicant had laid a foundation for a complaint under the Consumer Protection Act, particularly regarding non-disclosure and the failure to properly document the cancellation and subsequent agreements. The Tribunal held that the Applicant had reasonable prospects of success and that the issues raised warranted a full hearing before the Tribunal. Accordingly, leave to refer the complaint directly to the Tribunal was granted.

Citation
[2019] ZANCT 110
Parties
Applicant: Nolitha Mabatha; Respondent: Johan & Philly Auto Traders CC t/a Cars.Com11
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
30 June 2019
Case Number
NCT/117449/2018/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal After Non Referral by National Consumer Commission
Outcome
Leave to refer the complaint directly to the Tribunal is granted; no order as to costs.
Judges
MC Peenze
Legal Topics
Consumer Protection Act, Leave to Refer, Contract Cancellation, Right to Fair Dealing, Non Disclosure
Commercial and Corporate Civil Procedure Consumer Protection Act Leave to Refer Contract Cancellation Right to Fair Dealing Non Disclosure

Case Brief

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Parties

Nolitha Mabatha

Applicant

Johan & Philly Auto Traders CC t/a Cars.Com11

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal After Non Referral by National Consumer Commission

Legal Issues

  1. 1 Whether the Applicant should be granted leave to refer her complaint directly to the Tribunal after a non-referral by the National Consumer Commission.
  2. 2 Whether the Applicant has reasonable prospects of success under the Consumer Protection Act.
  3. 3 Whether the matter is of substantial importance to the Applicant.

Ratio Decidendi

The Tribunal found that the Applicant had established that the matter was of substantial importance to her, as she was left paying a loan for a vehicle she never received and was deprived of her Nissan. The Tribunal accepted that the Applicant had laid a foundation for a complaint under the Consumer Protection Act, particularly regarding non-disclosure and the failure to properly document the cancellation and subsequent agreements. The Tribunal held that the Applicant had reasonable prospects of success and that the issues raised warranted a full hearing before the Tribunal. Accordingly, leave to refer the complaint directly to the Tribunal was granted.

Court Disposition

Leave to refer the complaint directly to the Tribunal is granted; no order as to costs.

Orders

  • The Applicant's application for leave to refer the matter directly to the Tribunal is granted.
  • No order is made as to costs.