National Credit Regulator v Yellow Thunder Properties No. 160 CC t/a Kimberly Micro Loans (NCT/102394/2018/140(1)R34) [2018] ZANCT 117 (15 June 2018)

National Credit Regulator v Yellow Thunder Properties No. 160 CC t/a Kimberly Micro Loans (NCT/102394/2018/140(1)R34) [2018] ZANCT 117 (15 June 2018)

The Tribunal found that the Respondent provided substantial and reasonable explanations for the delay, including late instruction of counsel, logistical difficulties due to rural location, and the owner's annual leave. The Respondent requested only a short extension and demonstrated the importance of the issues to...

Source-derived case information.

Citation
[2018] ZANCT 117
Parties
Applicant: National Credit Regulator; Respondent: Yellow Thunder Properties No. 160 CC t/a Kimberley Micro Loans
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 June 2018
Case Number
NCT/102394/2018/140(1)R34
Procedural Posture
Condonation Application / Interlocutory Application for Condonation of Late Filing of Answering Affidavit
Outcome
Condonation granted for the late filing of the Respondent's Answering Affidavit.
Judges
B Dumisa
Legal Topics
Condonation, Late Filing, Tribunal Rules, Interests of Justice
Civil Procedure Condonation Late Filing Tribunal Rules Interests of Justice

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Parties

National Credit Regulator

Applicant

Yellow Thunder Properties No. 160 CC t/a Kimberley Micro Loans

Respondent

Procedural Posture

Condonation Application / Interlocutory Application for Condonation of Late Filing of Answering Affidavit

Legal Issues

  1. 1 Whether the Respondent has shown good cause for condonation of the late filing of its Answering Affidavit.
  2. 2 Whether the interests of justice favour granting condonation in the circumstances.

Ratio Decidendi

The Tribunal found that the Respondent provided substantial and reasonable explanations for the delay, including late instruction of counsel, logistical difficulties due to rural location, and the owner's annual leave. The Respondent requested only a short extension and demonstrated the importance of the issues to be raised in its defence. The application was not opposed, and no prejudice would result from granting condonation. The Tribunal held that the factors presented constitute good cause and that the interests of justice require the Respondent be afforded an opportunity to present its case on the merits. Accordingly, condonation for the late filing of the Answering Affidavit was...

Court Disposition

Condonation granted for the late filing of the Respondent's Answering Affidavit.

Orders

  • Condonation is granted to the Respondent for the late filing of the Answering Affidavit.
  • Normal time periods and processes after the filing of an Answering Affidavit will apply from the date of issue of this Ruling.