National Credit Regulator v King Side Trading CCt/a Easy Cash (NCT/112959/2018/140(1)) [2019] ZANCT 5 (28 January 2019)

National Credit Regulator v King Side Trading CCt/a Easy Cash (NCT/112959/2018/140(1)) [2019] ZANCT 5 (28 January 2019)

The Tribunal was not satisfied that the Applicant had complied with the previous postponement order, specifically regarding the investigation of the correct party and the provision of credible information. As a result, the Tribunal postponed the matter to allow the Applicant to file and serve an affidavit addressing these issues by a specified date.

Citation
[2019] ZANCT 5
Parties
Applicant: National Credit Regulator; Respondent: King Side Trading CC t/a Easy Cash
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
28 January 2019
Case Number
NCT/112959/2018/140(1)
Procedural Posture
Civil Application / Postponement Order
Outcome
Matter postponed for the Applicant to file and serve an affidavit addressing the required issues.
Judges
H Devraj, F Manamela, L Best
Legal Topics
Default Order, Postponement, Service of Documents
Civil Procedure Default Order Postponement Service of Documents

Case Brief

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Parties

National Credit Regulator

Applicant

King Side Trading CC t/a Easy Cash

Respondent

Procedural Posture

Civil Application / Postponement Order

Legal Issues

  1. 1 Whether the Applicant had addressed the issues raised in the previous postponement ruling.
  2. 2 Whether the correct party was before the Tribunal.
  3. 3 Whether sufficient credible information was placed before the Tribunal to reach a decision.

Ratio Decidendi

The Tribunal was not satisfied that the Applicant had complied with the previous postponement order, specifically regarding the investigation of the correct party and the provision of credible information. As a result, the Tribunal postponed the matter to allow the Applicant to file and serve an affidavit addressing these issues by a specified date.

Court Disposition

Matter postponed for the Applicant to file and serve an affidavit addressing the required issues.

Orders

  • The Applicant must file and serve an affidavit by 1 February 2019 addressing the issues required in terms of the postponement ruling dated 25 October 2018.
  • The Registrar must set the matter down to be heard on 6 February 2019.