Munsamy v National Credit Regulator (NCT/115468/2018/56(1)R34) [2019] ZANCT 117 (11 June 2019)

Munsamy v National Credit Regulator (NCT/115468/2018/56(1)R34) [2019] ZANCT 117 (11 June 2019)

The Tribunal found that the applicant provided substantial reasons for the delay, which was not opposed by the respondent. The delay was beyond the applicant's control due to the absence of her attorney's director for medical reasons. The Tribunal accepted that the financial records were essential for a proper determination and that the applicant was determined to pursue her objection. The factors considered constituted good cause under the circumstances, and condonation was granted for the late filing of the replying affidavit.

Citation
[2019] ZANCT 117
Parties
Applicant: Alfreda Munsamy; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
11 June 2019
Case Number
NCT/115468/2018/56(1)R34
Procedural Posture
Condonation Application / Interlocutory Application for Condonation of Late Filing of Replying Affidavit in Objection Proceedings
Outcome
Condonation granted for the late filing of the applicant's replying affidavit.
Judges
B Dumisa
Legal Topics
Condonation, National Credit Act, Debt Counselling, Late Filing, Compliance Notice
Civil Procedure Banking and Finance Condonation National Credit Act Debt Counselling Late Filing Compliance Notice

Case Brief

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Parties

Alfreda Munsamy

Applicant

National Credit Regulator

Respondent

Procedural Posture

Condonation Application / Interlocutory Application for Condonation of Late Filing of Replying Affidavit in Objection Proceedings

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late filing of her replying affidavit.
  2. 2 Whether the delay in filing the replying affidavit should be condoned under the Tribunal's rules.

Ratio Decidendi

The Tribunal found that the applicant provided substantial reasons for the delay, which was not opposed by the respondent. The delay was beyond the applicant's control due to the absence of her attorney's director for medical reasons. The Tribunal accepted that the financial records were essential for a proper determination and that the applicant was determined to pursue her objection. The factors considered constituted good cause under the circumstances, and condonation was granted for the late filing of the replying affidavit.

Court Disposition

Condonation granted for the late filing of the applicant's replying affidavit.

Orders

  • Condonation is granted to the applicant for the late filing of her replying affidavit.
  • Normal time periods and processes following the filing of the replying affidavit to an objection to a compliance notice will apply from the date of issue of this ruling.