Maree v Nissan SA (Pty) Ltd (NCT/95354/2017/75(1)(b)) [2018] ZANCT 133 (16 October 2018)

Maree v Nissan SA (Pty) Ltd (NCT/95354/2017/75(1)(b)) [2018] ZANCT 133 (16 October 2018)

The Tribunal found that the matter was of substantial importance to the applicant, who had made significant efforts to resolve the issue and demonstrated anxiety and frustration over the defective vehicle. The applicant identified relevant sections of the Consumer Protection Act and laid a foundation for a complaint. The Tribunal was satisfied that there were reasonable prospects of success and that the matter fell within the ambit of the Act. Accordingly, leave to refer the complaint directly to the Tribunal was granted.

Citation
[2018] ZANCT 133
Parties
Applicant: Roberto Maree; Respondent: Nissan SA (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 October 2018
Case Number
NCT/95354/2017/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal
Outcome
Leave to refer the matter directly to the Tribunal is granted; no order as to costs.
Judges
MC Peenze
Legal Topics
Consumer Protection Act, Quality of Goods, Implied Warranty, Leave to Refer, Refund Claim
Commercial and Corporate Civil Procedure Consumer Protection Act Quality of Goods Implied Warranty Leave to Refer Refund Claim

Case Brief

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Parties

Roberto Maree

Applicant

Nissan SA (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer his complaint directly to the Tribunal under section 75(1)(b) of the Consumer Protection Act.
  2. 2 Whether the applicant has reasonable prospects of success in his complaint under the Consumer Protection Act.
  3. 3 Whether the matter is of substantial importance to the applicant.

Ratio Decidendi

The Tribunal found that the matter was of substantial importance to the applicant, who had made significant efforts to resolve the issue and demonstrated anxiety and frustration over the defective vehicle. The applicant identified relevant sections of the Consumer Protection Act and laid a foundation for a complaint. The Tribunal was satisfied that there were reasonable prospects of success and that the matter fell within the ambit of the Act. Accordingly, leave to refer the complaint directly to the Tribunal was granted.

Court Disposition

Leave to refer the matter 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.