National Credit Regulator v King Side Trading CCt/a Easy Cash (NCT/112959/2018/140(1)) [2019] ZANCT 5 (28 January 2019)
- Citation
- [2019] ZANCT 5
- Status
- Order
- Jurisdiction
- South Africa
- Court
- National Consumer Tribunal
- Panel
- H Devraj, F Manamela, L Best
- Case number
- NCT/112959/2018/140(1)
More details
- Court
- National Consumer Tribunal
- Panel
- H Devraj, F Manamela, L Best
- Case number
- NCT/112959/2018/140(1)
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
- No order as to costs.
02
Material facts
Parties
National Credit Regulator
ApplicantKing Side Trading CC t/a Easy Cash
Respondent03
Procedural history
Posture
Civil Application / Postponement Order
04
Questions and positions
Legal issues
- 01
Whether the Applicant had addressed the issues raised in the previous postponement ruling.
- 02
Whether the correct party was before the Tribunal.
- 03
Whether sufficient credible information was placed before the Tribunal to reach a decision.
Party arguments
- Applicant
- The Applicant did not file a response or documentation addressing the issues required by the previous postponement ruling. No explanation was provided for the lack of compliance.
- Respondent
- The Respondent did not appear at the hearing and only filed and served some documentation without explanation of its contents or relevance.
05
Court’s reasoning
Legal principles
- 01
Rule 25(3) of the Tribunal Rules
The Tribunal may make a default order after considering or hearing necessary evidence and if satisfied that the application documents were adequately served.
06
Ratio, limits and disposition
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.
Obiter and limits
- The Tribunal emphasized the importance of compliance with procedural orders to ensure the proper administration of justice.
- No costs order was made in this matter.
Court disposition
Matter postponed for the Applicant to file and serve an affidavit addressing the required issues.
- 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.
- No order as to costs.
Source and reliance status
National Consumer Tribunal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
National Consumer Tribunal
Order
IN THE NATIONAL
CONSUMER TRIBUNAL
HELD IN
CENTURION
Case number: NCT/112959/2018/140(1)
In the matter between:
THE
NATIONAL CREDIT REGULATOR
APPLICANT
and
KING SIDE TRADING CC T/A EASY
CASH
RESPONDENT
Coram:
Ms. H Devraj - Presiding Member
Adv. F Manamela - Tribunal Member
Dr. L Best - Tribunal Member
Date of Hearing
– 25 January 2019
Date of Postponement order – 28 January 2019
POSTPONEMENT
ORDER
1. The Applicant in the main matter is the National Credit Regulator, hereinafter referred to as (“the Applicant”).
2. The Respondent in the main matter is King Side Trading CC t/a Easy Cash, hereinafter referred to as (the “Respondent”).
3. The matter was set down on 25 January 2019, on a default basis. According to Rule 25(3):-
The Tribunal may make a default order-
(a) after it has considered or heard any necessary evidence; and
(b) if it is satisfied that the application documents were adequately served.
4. At the hearing, there was no appearance by the Respondent, or a representative of the Respondent.
5. The Tribunal considered the previous postponement ruling; dated 25 October 2018 and was not satisfied that the Applicant had addressed
the issues raised in that ruling. The postponement order of 25 October 2018; had specifically required of the Applicant to
investigate whether it had the correct party before the Tribunal and to further place as much credible information before the Tribunal in order for it to reach a decision in this matter. The Applicant had not filed a response, nor had it filed any documentation to address the issues it was required to. Rather, the Respondent had merely filed and served some documentation with the Tribunal and the Applicant, without any explanation of the contents or relevance of the documents it had filed.
ORDER
6. The Tribunal postponed the matter, in order for the Applicant to file and serve an affidavit no later than 1 February 2019, addressing the issues it was required to in terms of the postponement ruling dated 25 October 2018.
7. The Registrar must set the matter down to be heard on 6 February 2019.
8. There is no order made as to costs.
DATED 28th January 2019
(signed)
Ms. H Devraj
Presiding Member
Adv. F Manamela (Tribunal member) and Dr. L Best (Tribunal member) concurring.
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