National Credit Regulator v Yellow Thunder Properties No. CC t/a Kimberly Micro Loans (NCT/102394/2018/140(1)R34) [2018] ZANCT 69 (15 June 2018)

National Credit Regulator v Yellow Thunder Properties No. CC t/a Kimberly Micro Loans (NCT/102394/2018/140(1)R34) [2018] ZANCT 69 (15 June 2018)

The Tribunal found that the Respondent provided substantial and reasonable explanations for the delay in filing its Answering Affidavit, including late instruction to legal representatives, connectivity and postal challenges, and annual leave. The application for condonation was not opposed by the Applicant, and the Respondent demonstrated a real defence to the allegations. The Tribunal determined that the short extension requested would not prejudice the Applicant or consumers, and that the interests of justice require the Respondent be afforded an opportunity to present its case. The factors listed constitute good cause under the circumstances, and condonation was therefore granted.

Citation
[2018] ZANCT 69
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

Case Brief

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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 in filing its Answering Affidavit, including late instruction to legal representatives, connectivity and postal challenges, and annual leave. The application for condonation was not opposed by the Applicant, and the Respondent demonstrated a real defence to the allegations. The Tribunal determined that the short extension requested would not prejudice the Applicant or consumers, and that the interests of justice require the Respondent be afforded an opportunity to present its case. The factors listed constitute good cause under the circumstances, and condonation was therefore granted.

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.
  • The normal time periods and processes after the filing of an Answering Affidavit will apply as at the date of issue of this Ruling.