Mostert v ERF 261 Nylstroom Beleggings CC t/a Cash Converters Modimolle (NCT/112706/2018/99(2)) [2018] ZANCT 97 (10 October 2018)

Mostert v ERF 261 Nylstroom Beleggings CC t/a Cash Converters Modimolle (NCT/112706/2018/99(2)) [2018] ZANCT 97 (10 October 2018)

The Tribunal found that although the degree of lateness in filing the application was excessive, the applicant provided a reasonable explanation for the delay, namely lack of awareness of the time limit and absence of legal representation. The Tribunal considered that the applicant had good prospects of success in the main matter, as he met the conditions of the pawn agreement and was advised by the respondent to approach the Tribunal for relief. The importance of the matter to the applicant was also noted. Weighing all relevant factors, the Tribunal concluded that it would be in the interests of justice to grant condonation and allow the matter to proceed.

Citation
[2018] ZANCT 97
Parties
Applicant: Dawid Fredrik Mostert; Respondent: ERF 261 Nylstroom Beleggings CC t/a Cash Converters Modimolle
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
10 October 2018
Case Number
NCT/112706/2018/99(2)
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing
Outcome
Condonation for the late filing of the application is granted.
Judges
FK Sibanda
Legal Topics
Condonation, Late Filing, Good Cause, Pawn Agreement, Compensation Claim
Civil Procedure Condonation Late Filing Good Cause Pawn Agreement Compensation Claim

Case Brief

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Parties

Dawid Fredrik Mostert

Applicant

ERF 261 Nylstroom Beleggings CC t/a Cash Converters Modimolle

Respondent

Procedural Posture

Condonation Application / Ruling on Condonation for Late Filing

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application by the applicant.
  2. 2 Whether the applicant has shown good cause for the delay in filing the application.
  3. 3 Whether the applicant has prospects of success in the main matter against the respondent.

Ratio Decidendi

The Tribunal found that although the degree of lateness in filing the application was excessive, the applicant provided a reasonable explanation for the delay, namely lack of awareness of the time limit and absence of legal representation. The Tribunal considered that the applicant had good prospects of success in the main matter, as he met the conditions of the pawn agreement and was advised by the respondent to approach the Tribunal for relief. The importance of the matter to the applicant was also noted. Weighing all relevant factors, the Tribunal concluded that it would be in the interests of justice to grant condonation and allow the matter to proceed.

Court Disposition

Condonation for the late filing of the application is granted.

Orders

  • The application for condonation is granted.