Mosana v Kempster Sedwick (Pty) Ltd t/a CMH Volvo Silver Lakes (NCT /95011/2017/75(1)(b)) [2018] ZANCT 93 (27 June 2018)

Mosana v Kempster Sedwick (Pty) Ltd t/a CMH Volvo Silver Lakes (NCT /95011/2017/75(1)(b)) [2018] ZANCT 93 (27 June 2018)

The Tribunal found that the applicant had locus standi to bring the application, as she had a direct and substantial interest in the vehicle, having purchased, financed, possessed, and insured it. The Tribunal dismissed the respondent's points in limine regarding vague pleadings and lack of jurisdiction, confirming its authority to determine prohibited conduct but not to award damages. However, the applicant failed to specify the alleged defects or poor repairs with sufficient detail, and did not establish a causal link between her complaints and contraventions of the Consumer Protection Act. The Tribunal concluded that the applicant did not have reasonable prospects of success in a...

Citation
[2018] ZANCT 93
Parties
Applicant: Cleopatra Mosana; Respondent: Kempster Sedwick (Pty) Ltd t/a CMH Volvo Silver Lakes
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
27 June 2018
Case Number
NCT /95011/2017/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal After Non Referral by National Consumer Commission
Outcome
Application for leave to refer complaint directly to the Tribunal is dismissed.
Judges
D Terblanche
Legal Topics
Consumer Protection Act, Leave to Refer, Locus Standi, Tribunal Jurisdiction, Prohibited Conduct, Damages Claims
Commercial and Corporate Civil Procedure Consumer Protection Act Leave to Refer Locus Standi Tribunal Jurisdiction Prohibited Conduct Damages Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Cleopatra Mosana

Applicant

Kempster Sedwick (Pty) Ltd t/a CMH Volvo Silver Lakes

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 has locus standi to bring the application before the Tribunal.
  2. 2 Whether the Tribunal has jurisdiction to hear the matter, including the ability to order damages.
  3. 3 Whether the applicant's pleadings are vague and embarrassing.

Ratio Decidendi

The Tribunal found that the applicant had locus standi to bring the application, as she had a direct and substantial interest in the vehicle, having purchased, financed, possessed, and insured it. The Tribunal dismissed the respondent's points in limine regarding vague pleadings and lack of jurisdiction, confirming its authority to determine prohibited conduct but not to award damages. However, the applicant failed to specify the alleged defects or poor repairs with sufficient detail, and did not establish a causal link between her complaints and contraventions of the Consumer Protection Act. The Tribunal concluded that the applicant did not have reasonable prospects of success in a...

Court Disposition

Application for leave to refer complaint directly to the Tribunal is dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs.