National Credit Regulator v Cilliers (NCT/78394/2017/57(1)) [2019] ZANCT 100 (28 June 2019)

National Credit Regulator v Cilliers (NCT/78394/2017/57(1)) [2019] ZANCT 100 (28 June 2019)

The Tribunal determined that postponing the matter sine die was appropriate to allow the parties to finalize settlement negotiations. Clear procedural directions were provided: if the parties settle and wish the agreement to be made an order of the Tribunal, an application must be filed by 26 July 2019; if they settle but do not wish for an order, a notice of withdrawal must be filed by the same date. Failure to comply will result in the matter being set down for hearing. No order as to costs was made, reflecting the Tribunal's neutral stance pending the outcome of negotiations.

Citation
[2019] ZANCT 100
Parties
Applicant: National Credit Regulator; Respondent: Eugene Barnard Cilliers
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
28 June 2019
Case Number
NCT/78394/2017/57(1)
Procedural Posture
Civil Application / Postponement Order
Outcome
The matter is postponed sine die to allow settlement negotiations. Procedural steps for settlement or withdrawal are stipulated, with a deadline of 26 July 2019. No order as to costs.
Judges
B Dumisa, A Potwana, J Simpson
Legal Topics
Settlement Negotiations, Postponement Order, Withdrawal of Application
Civil Procedure Settlement Negotiations Postponement Order Withdrawal of Application

Case Brief

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Parties

National Credit Regulator

Applicant

Eugene Barnard Cilliers

Respondent

Procedural Posture

Civil Application / Postponement Order

Legal Issues

  1. 1 Whether the matter should be postponed to allow parties to pursue settlement negotiations.
  2. 2 What procedural steps must be followed if the parties reach settlement or wish to withdraw the application.

Ratio Decidendi

The Tribunal determined that postponing the matter sine die was appropriate to allow the parties to finalize settlement negotiations. Clear procedural directions were provided: if the parties settle and wish the agreement to be made an order of the Tribunal, an application must be filed by 26 July 2019; if they settle but do not wish for an order, a notice of withdrawal must be filed by the same date. Failure to comply will result in the matter being set down for hearing. No order as to costs was made, reflecting the Tribunal's neutral stance pending the outcome of negotiations.

Court Disposition

The matter is postponed sine die to allow settlement negotiations. Procedural steps for settlement or withdrawal are stipulated, with a deadline of 26 July 2019. No order as to costs.

Orders

  • The matter is postponed sine die to allow the parties to finalize settlement negotiations.
  • If the parties settle and wish the settlement agreement to be made an order of the Tribunal, an application must be filed on or before 26 July 2019.