National Credit Regulator v PCL Trust t/a PCL Cash Loans-Trichardt (NCRCP1520) (NCT/103940/2018/57(1)) [2019] ZANCT 143 (7 August 2019)

National Credit Regulator v PCL Trust t/a PCL Cash Loans-Trichardt (NCRCP1520) (NCT/103940/2018/57(1)) [2019] ZANCT 143 (7 August 2019)

The Tribunal found that the Applicant had adequately motivated the need to amend its papers to properly cite the Respondents as trustees Nomine Officii. This amendment would address the procedural objections raised by the Respondent regarding non-joinder, misjoinder, and improper citation, and would prevent further delays in the finalization of the main application for deregistration. The Tribunal granted the amendment and ordered the Applicant to re-serve the amended papers on the correctly cited Respondents.

Citation
[2019] ZANCT 143
Parties
Applicant: National Credit Regulator; Respondent: PCL Trust t/a PCL Cash Loans – Louis Trichardt; Respondent: Leon Antonius Du Plessis Nomine Officii; Respondent: Eulien Du Plessis Nomine Officii
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 August 2019
Case Number
NCT/103940/2018/57(1)
Procedural Posture
Urgent Application / Rule 15 Amendment Application Prior to Main Hearing
Outcome
Application to amend the citation of Respondents granted; Applicant ordered to re-serve amended papers; no order as to costs.
Judges
B Dumisa, K Moodaliyar, L Best
Legal Topics
Amendment of Citation, Credit Provider Registration, Non Joinder, Misjoinder, National Credit Act Compliance
Civil Procedure Banking and Finance Amendment of Citation Credit Provider Registration Non Joinder Misjoinder National Credit Act Compliance

Case Brief

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Parties

National Credit Regulator

Applicant

PCL Trust t/a PCL Cash Loans – Louis Trichardt

Respondent

Leon Antonius Du Plessis Nomine Officii

Respondent

Eulien Du Plessis Nomine Officii

Respondent

Procedural Posture

Urgent Application / Rule 15 Amendment Application Prior to Main Hearing

Legal Issues

  1. 1 Whether the Applicant should be permitted to amend the citation of the Respondents in terms of Rule 15.
  2. 2 Whether the amendment will address issues of non-joinder, misjoinder, and improper citation raised by the Respondent.
  3. 3 Whether the amendment will prevent unnecessary delays in the finalization of the main application for deregistration.

Ratio Decidendi

The Tribunal found that the Applicant had adequately motivated the need to amend its papers to properly cite the Respondents as trustees Nomine Officii. This amendment would address the procedural objections raised by the Respondent regarding non-joinder, misjoinder, and improper citation, and would prevent further delays in the finalization of the main application for deregistration. The Tribunal granted the amendment and ordered the Applicant to re-serve the amended papers on the correctly cited Respondents.

Court Disposition

Application to amend the citation of Respondents granted; Applicant ordered to re-serve amended papers; no order as to costs.

Orders

  • The Applicant’s amended citation of the Respondents is granted: First Respondent is Leon Antonius Du Plessis Nomine Officii; Second Respondent is Eulien Du Plessis Nomine Officii.
  • The Applicant must re-serve the Respondents with the amended papers, reflecting the proper citation and all relevant changes.