National Credit Regulator v Triple Advanced Investments 40 (Pty) Ltd (NCT/35431/2015/140(1)) [2017] ZANCT 84 (10 July 2017)

National Credit Regulator v Triple Advanced Investments 40 (Pty) Ltd (NCT/35431/2015/140(1)) [2017] ZANCT 84 (10 July 2017)

The Tribunal found that both parties had signed the settlement agreement through duly authorised representatives and that both parties confirmed the correction of a typographical error in the signature block. There was no dispute regarding the validity or enforceability of the agreement. The Tribunal was satisfied that the requirements for making the settlement agreement an order of the Tribunal were met. Accordingly, the signed settlement agreement was made an order of the Tribunal.

Citation
[2017] ZANCT 84
Parties
Applicant: National Credit Regulator; Respondent: Triple Advanced Investments 40 (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
10 July 2017
Case Number
NCT/35431/2015/140(1)
Procedural Posture
Settlement Agreement / Order Granted on Settlement
Outcome
The signed settlement agreement is made an order of the Tribunal. No order as to costs.
Judges
J Simpson, H Devraj, P Beck
Legal Topics
National Credit Act, Settlement Agreement, Tribunal Order
Banking and Finance National Credit Act Settlement Agreement Tribunal Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

National Credit Regulator

Applicant

Triple Advanced Investments 40 (Pty) Ltd

Respondent

Procedural Posture

Settlement Agreement / Order Granted on Settlement

Legal Issues

  1. 1 Whether the signed settlement agreement between the parties should be made an order of the Tribunal.
  2. 2 Whether the signatures on the agreement were duly authorised and correctly attributed.

Ratio Decidendi

The Tribunal found that both parties had signed the settlement agreement through duly authorised representatives and that both parties confirmed the correction of a typographical error in the signature block. There was no dispute regarding the validity or enforceability of the agreement. The Tribunal was satisfied that the requirements for making the settlement agreement an order of the Tribunal were met. Accordingly, the signed settlement agreement was made an order of the Tribunal.

Court Disposition

The signed settlement agreement is made an order of the Tribunal. No order as to costs.

Orders

  • The signed settlement agreement attached as Annexure 'A' is made an order of the Tribunal.
  • No order is made as to costs.