Nedbank Limited v Van der Walt and Others (NCT/71084/2016/165(1)(P)NCA) [2017] ZANCT 67 (12 May 2017)

Nedbank Limited v Van der Walt and Others (NCT/71084/2016/165(1)(P)NCA) [2017] ZANCT 67 (12 May 2017)

The Tribunal found that none of the parties, including the applicant, appeared at the scheduled hearing. The presiding member was satisfied that all parties had been properly notified of the date, time, and venue for the proceedings. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the Tribunal is empowered to dismiss an application for non-appearance by the applicant. The application to vary the previous order was therefore dismissed, and no order as to costs was made.

Citation
[2017] ZANCT 67
Parties
Applicant: Nedbank Limited; Respondent: Twanette Van der Walt; Respondent: Andre Pierie Retief; Respondent: Juda Retief; Respondent: FNB a division of First Rand Bank Limited; Respondent: Wonga Finance
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
12 May 2017
Case Number
NCT/71084/2016/165(1)(P)NCA
Procedural Posture
Review Application / Application for Variation of Tribunal Order Under Section 165(1) of the National Credit Act; Hearing Dismissed for Non Appearance.
Outcome
Application dismissed for non-appearance; no order as to costs.
Judges
J Simpson, F Manamela, H Devraj
Legal Topics
National Credit Act, Debt Rearrangement, Tribunal Procedure, Non Appearance, Variation of Order
Civil Procedure Banking and Finance National Credit Act Debt Rearrangement Tribunal Procedure Non Appearance Variation of Order

Case Brief

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Parties

Nedbank Limited

Applicant

Twanette Van der Walt

Respondent

Andre Pierie Retief

Respondent

Juda Retief

Respondent

FNB a division of First Rand Bank Limited

Respondent

Wonga Finance

Respondent

Procedural Posture

Review Application / Application for Variation of Tribunal Order Under Section 165(1) of the National Credit Act; Hearing Dismissed for Non Appearance.

Legal Issues

  1. 1 Whether the application to vary the Tribunal's previous debt rearrangement order should be entertained in the absence of the applicant and other parties.
  2. 2 Whether the parties were properly notified of the hearing date, time, and venue.
  3. 3 Whether the Tribunal is empowered to dismiss the application for non-appearance under Rule 24 of the National Consumer Tribunal Regulations.

Ratio Decidendi

The Tribunal found that none of the parties, including the applicant, appeared at the scheduled hearing. The presiding member was satisfied that all parties had been properly notified of the date, time, and venue for the proceedings. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the Tribunal is empowered to dismiss an application for non-appearance by the applicant. The application to vary the previous order was therefore dismissed, and no order as to costs was made.

Court Disposition

Application dismissed for non-appearance; no order as to costs.

Orders

  • The application lodged in terms of Section 165 of the National Credit Act is hereby dismissed.
  • No order as to costs.