Nkosi v The Glen Multifranchise (Pty) Ltd t/a Kia Imperial Select (NCT/118285/2018/75(1)(b)) [2019] ZANCT 12 (20 February 2019)

Nkosi v The Glen Multifranchise (Pty) Ltd t/a Kia Imperial Select (NCT/118285/2018/75(1)(b)) [2019] ZANCT 12 (20 February 2019)

The Tribunal found that the Applicant filed the application for leave to refer 20 days late, having served the properly filed application on the Respondent 40 days after the NCC's notice of non-referral. The delay was attributed to procedural difficulties, lack of legal expertise, and efforts to comply with the Registrar's requirements. The Tribunal considered the degree of lateness not excessive, the absence of prejudice to the Respondent (who did not oppose), and the importance and prospects of success of the main matter. The Applicant demonstrated good cause for the delay, acted in good faith, and the interests of justice favored granting condonation. The Tribunal condoned the late...

Citation
[2019] ZANCT 12
Parties
Applicant: Themba Joshua Nkosi; Respondent: The Glen Multifranchise (Pty) Ltd t/a Kia Imperial Select
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 February 2019
Case Number
NCT/118285/2018/75(1)(b)
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Leave to Refer After Notice of Non Referral
Outcome
Condonation granted for the late filing of the Applicant's application for leave to refer.
Judges
Maria Peenze
Legal Topics
Condonation of Late Filing, Leave to Refer, Consumer Protection Act, Procedural Fairness
Civil Procedure Commercial and Corporate Condonation of Late Filing Leave to Refer Consumer Protection Act Procedural Fairness

Case Brief

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Parties

Themba Joshua Nkosi

Applicant

The Glen Multifranchise (Pty) Ltd t/a Kia Imperial Select

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Filing of Leave to Refer After Notice of Non Referral

Legal Issues

  1. 1 Whether the Applicant has shown good cause for condonation of the late filing of the application for leave to refer.
  2. 2 Whether the delay in filing was excessive or justified under the circumstances.
  3. 3 Whether granting condonation would prejudice the Respondent or serve the interests of justice.

Ratio Decidendi

The Tribunal found that the Applicant filed the application for leave to refer 20 days late, having served the properly filed application on the Respondent 40 days after the NCC's notice of non-referral. The delay was attributed to procedural difficulties, lack of legal expertise, and efforts to comply with the Registrar's requirements. The Tribunal considered the degree of lateness not excessive, the absence of prejudice to the Respondent (who did not oppose), and the importance and prospects of success of the main matter. The Applicant demonstrated good cause for the delay, acted in good faith, and the interests of justice favored granting condonation. The Tribunal condoned the late...

Court Disposition

Condonation granted for the late filing of the Applicant's application for leave to refer.

Orders

  • The late filing of the Applicant’s Application for Leave to Refer is condoned.
  • There is no order as to costs.