Mkwalo v Mystical Summer Trading 57 CC t/a Ultimate Auto (NCT122479/2018/75(1)(b)Rule34) [2019] ZANCT 17 (24 February 2019)

Mkwalo v Mystical Summer Trading 57 CC t/a Ultimate Auto (NCT122479/2018/75(1)(b)Rule34) [2019] ZANCT 17 (24 February 2019)

The Tribunal found that the applicant's delay in filing the application for referral was excessive and not fully explained, particularly regarding the period between February and December 2018. However, the respondent did not oppose the application, and the matter concerns a vehicle still in storage with accruing...

Source-derived case information.

Citation
[2019] ZANCT 17
Parties
Applicant: Lumkile Mkwalo; Respondent: Mystical Summer Trading 57 CC t/a Ultimate Auto
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
24 February 2019
Case Number
NCT122479/2018/75(1)(b)Rule34
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Referral to Tribunal
Outcome
Condonation for the late filing of the application for referral is granted. No order as to costs.
Judges
Tanya Woker
Legal Topics
Condonation, Consumer Protection Act, Late Filing, Motor Vehicle Disputes
Civil Procedure Commercial and Corporate Condonation Consumer Protection Act Late Filing Motor Vehicle Disputes

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Parties

Lumkile Mkwalo

Applicant

Mystical Summer Trading 57 CC t/a Ultimate Auto

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Filing of Referral to Tribunal

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late filing of the application for referral to the Tribunal.
  2. 2 Whether the interests of justice warrant granting condonation despite excessive delay.
  3. 3 Whether the applicant's prospects of success and the importance of the matter justify condonation.

Ratio Decidendi

The Tribunal found that the applicant's delay in filing the application for referral was excessive and not fully explained, particularly regarding the period between February and December 2018. However, the respondent did not oppose the application, and the matter concerns a vehicle still in storage with accruing costs, making resolution urgent. The Tribunal considered the interests of justice, the importance of the matter to the applicant, and the prospects of success, noting that the complaint falls within the ambit of the Consumer Protection Act and that the ombudsman had determined the respondent should bear repair costs. Despite the excessive delay, the Tribunal exercised its...

Court Disposition

Condonation for the late filing of the application for referral is granted. No order as to costs.

Orders

  • Condonation is hereby granted to the applicant for the late filing of its application for leave to refer in terms of Rule 34.
  • No order is made as to costs.