National Credit Regulator v Gabier (NCT/115755/2018/57(1)) [2019] ZANCT 135 (7 August 2019)

National Credit Regulator v Gabier (NCT/115755/2018/57(1)) [2019] ZANCT 135 (7 August 2019)

The Tribunal determined that postponing the matter would allow the respondent to submit a condonation application and supplementary affidavit, which could provide material information relevant to the main matter. The applicant did not oppose the postponement, and the Tribunal found that granting the request would serve the interests of justice and due process, ensuring that all relevant evidence is available when the matter is fully heard. The postponement was granted sine die, with no order as to costs.

Citation
[2019] ZANCT 135
Parties
Applicant: National Credit Regulator; Respondent: Kamierah Gabier
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 August 2019
Case Number
NCT/115755/2018/57(1)
Procedural Posture
Civil Application / Postponement Order
Outcome
The matter is postponed sine die with no order as to costs.
Judges
L Best, B Dumisa, K Moodaliyar
Legal Topics
Postponement, Condonation Application, Supplementary Affidavit
Civil Procedure Postponement Condonation Application Supplementary Affidavit

Case Brief

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Parties

National Credit Regulator

Applicant

Kamierah Gabier

Respondent

Procedural Posture

Civil Application / Postponement Order

Legal Issues

  1. 1 Whether the matter should be postponed to allow the respondent to submit a condonation application and supplementary affidavit.
  2. 2 Whether postponement would serve the interests of justice and due process.

Ratio Decidendi

The Tribunal determined that postponing the matter would allow the respondent to submit a condonation application and supplementary affidavit, which could provide material information relevant to the main matter. The applicant did not oppose the postponement, and the Tribunal found that granting the request would serve the interests of justice and due process, ensuring that all relevant evidence is available when the matter is fully heard. The postponement was granted sine die, with no order as to costs.

Court Disposition

The matter is postponed sine die with no order as to costs.

Orders

  • The matter is postponed sine die.
  • There is no order as to costs.