Maree v Nissan SA (Pty) Ltd (NCT/95354/2017/75(1)(b)) [2018] ZANCT 58 (1 August 2018)

Maree v Nissan SA (Pty) Ltd (NCT/95354/2017/75(1)(b)) [2018] ZANCT 58 (1 August 2018)

The Tribunal found that the applicant had shown good cause for condonation, considering the importance of the documents to the administration of justice, the applicant's persistent efforts, and the seriousness of the issues raised. The relief sought is provided for under the Consumer Protection Act, and the respondent did not oppose the application. The Tribunal exercised its discretion to permit a departure from its normal rules and granted the applicant leave to file a supplementary affidavit and serve the relevant documents on the respondent.

Citation
[2018] ZANCT 58
Parties
Applicant: Roberto Maree; Respondent: Nissan SA (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
1 August 2018
Case Number
NCT/95354/2017/75(1)(b)
Procedural Posture
Condonation Application / Application for Leave to File Supplementary Affidavit
Outcome
Condonation granted. The applicant is permitted to serve the application documents and supplementary affidavit on the respondent and file them with the Tribunal within 10 business days.
Judges
A Potwana, J Simpson, H Devraj
Legal Topics
Condonation, Supplementary Affidavit, Tribunal Rules, Consumer Protection Act
Civil Procedure Condonation Supplementary Affidavit Tribunal Rules Consumer Protection Act

Case Brief

Summary, issues, holding and outcome

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Parties

Roberto Maree

Applicant

Nissan SA (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Application for Leave to File Supplementary Affidavit

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation to file a supplementary affidavit.
  2. 2 Whether the applicant should be permitted to serve omitted documents and amplify his case.
  3. 3 Whether the Tribunal should permit a departure from its normal rules of procedure.

Ratio Decidendi

The Tribunal found that the applicant had shown good cause for condonation, considering the importance of the documents to the administration of justice, the applicant's persistent efforts, and the seriousness of the issues raised. The relief sought is provided for under the Consumer Protection Act, and the respondent did not oppose the application. The Tribunal exercised its discretion to permit a departure from its normal rules and granted the applicant leave to file a supplementary affidavit and serve the relevant documents on the respondent.

Court Disposition

Condonation granted. The applicant is permitted to serve the application documents and supplementary affidavit on the respondent and file them with the Tribunal within 10 business days.

Orders

  • The applicant is granted leave to serve the application documents and supplementary affidavit to the respondent and file the same with the Tribunal within 10 business days of the issuing of this judgment.
  • Upon service of the documents, the Tribunal's normal rules of procedure will apply.