Mkwalo v Mystikal Summer Trading 57 CC Trading as Ultimate Auto (NCT/122479/2018/75(1)(b)) [2019] ZANCT 62 (15 May 2019)

Mkwalo v Mystikal Summer Trading 57 CC Trading as Ultimate Auto (NCT/122479/2018/75(1)(b)) [2019] ZANCT 62 (15 May 2019)

The Tribunal found that the matter is of substantial importance to the applicant, who has not had possession of the vehicle for several years and continues to pay for it. The uncontested evidence shows the vehicle broke down shortly after purchase, and if found defective, the applicant may be entitled to relief under section 56 of the Consumer Protection Act. The respondent failed to respond, and all allegations are deemed admitted. Applying the test for leave, the Tribunal concluded there are reasonable prospects of success and granted leave to refer the matter to the Tribunal.

Citation
[2019] ZANCT 62
Parties
Applicant: Lumkile Mkwalo; Respondent: Mystical Summer Trading 57 CC Trading as Ultimate Auto
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 May 2019
Case Number
NCT/122479/2018/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint to Tribunal Under Section 75(1)(b) of the Consumer Protection Act
Outcome
Leave to refer the complaint to the Tribunal is granted; no order as to costs.
Judges
J Simpson
Legal Topics
Consumer Protection Act, Leave to Refer, Default Judgment, Condonation, Defective Goods
Administrative Law Civil Procedure Consumer Protection Act Leave to Refer Default Judgment Condonation Defective Goods

Case Brief

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Parties

Lumkile Mkwalo

Applicant

Mystical Summer Trading 57 CC Trading as Ultimate Auto

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint to Tribunal Under Section 75(1)(b) of the Consumer Protection Act

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer the 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 claim against the respondent.
  3. 3 Whether the matter is of substantial importance to the parties.

Ratio Decidendi

The Tribunal found that the matter is of substantial importance to the applicant, who has not had possession of the vehicle for several years and continues to pay for it. The uncontested evidence shows the vehicle broke down shortly after purchase, and if found defective, the applicant may be entitled to relief under section 56 of the Consumer Protection Act. The respondent failed to respond, and all allegations are deemed admitted. Applying the test for leave, the Tribunal concluded there are reasonable prospects of success and granted leave to refer the matter to the Tribunal.

Court Disposition

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

Orders

  • The applicant's application for leave to refer is granted.
  • There is no order as to costs.