National Consumer Commission v Unicity Trading (Pty) Ltd Trading As Cape SUV (NCT/240235/2022/73(2)(b)) [2023] ZANCT 16 (30 May 2023)

National Consumer Commission v Unicity Trading (Pty) Ltd Trading As Cape SUV (NCT/240235/2022/73(2)(b)) [2023] ZANCT 16 (30 May 2023)

The Tribunal found that the complainant has a direct and substantial interest in the matter and should be afforded an opportunity to make representations. The interests of justice favour granting the request for postponement to allow the intervention application to be considered. As neither party opposed the postponement and there was no basis for a costs order, the hearing was adjourned sine die with no order as to costs.

Citation
[2023] ZANCT 16
Parties
Applicant: National Consumer Commission; Respondent: Unicity Trading (Pty) Ltd Trading As Cape SUV; Applicant: Alison Janet Davidson
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
30 May 2023
Case Number
NCT/240235/2022/73(2)(b)
Procedural Posture
Civil Application / Postponement Ruling
Outcome
The hearing was adjourned sine die to allow consideration of the intervention application. No order as to costs was made.
Judges
A Potwana, M Peenze, C Ntsoane
Legal Topics
Consumer Protection Act, Postponement of Hearing, Intervention Application
Commercial and Corporate Civil Procedure Consumer Protection Act Postponement of Hearing Intervention Application

Case Brief

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Parties

National Consumer Commission

Applicant

Unicity Trading (Pty) Ltd Trading As Cape SUV

Respondent

Alison Janet Davidson

Applicant

Procedural Posture

Civil Application / Postponement Ruling

Legal Issues

  1. 1 Whether the complainant should be permitted to intervene in the proceedings.
  2. 2 Whether the hearing should be postponed to allow the intervention application to be considered.
  3. 3 Whether any costs order should be made in respect of the postponement.

Ratio Decidendi

The Tribunal found that the complainant has a direct and substantial interest in the matter and should be afforded an opportunity to make representations. The interests of justice favour granting the request for postponement to allow the intervention application to be considered. As neither party opposed the postponement and there was no basis for a costs order, the hearing was adjourned sine die with no order as to costs.

Court Disposition

The hearing was adjourned sine die to allow consideration of the intervention application. No order as to costs was made.

Orders

  • The hearing of the matter is adjourned sine die.
  • There is no order as to costs.