Option Deals (Pty) Ltd v National Credit Regulator In Re: National Credit Regulator v Option Deals (Pty) Ltd (NCT/128364/2019/140(1)) [2019] ZANCT 89 (20 May 2019)

Option Deals (Pty) Ltd v National Credit Regulator In Re: National Credit Regulator v Option Deals (Pty) Ltd (NCT/128364/2019/140(1)) [2019] ZANCT 89 (20 May 2019)

The Tribunal found that Option Deals provided a reasonable explanation for the late filing of its Answering Affidavit, citing logistical difficulties and the need to gather evidence from multiple consumers. The matter is of significant importance to Option Deals, given the serious allegations and potential consequences, including refunds and administrative fines. The interests of justice require that Option Deals be given an opportunity to respond fully to the allegations. The NCR did not oppose the application. On consideration of all relevant factors, including the explanation for delay, absence of prejudice to the NCR, and the importance of the matter, condonation for the extension of...

Citation
[2019] ZANCT 89
Parties
Applicant: Option Deals (Pty) Ltd; Respondent: National Credit Regulator; Applicant: National Credit Regulator; Respondent: Option Deals (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 May 2019
Case Number
NCT/128364/2019/140(1)
Procedural Posture
Condonation Application / Interlocutory Application for Condonation to Extend Time for Filing and Serving Answering Affidavit.
Outcome
Condonation granted for the extension of time to file and serve the Answering Affidavit.
Judges
H Devraj
Legal Topics
Condonation, Late Filing, National Credit Act, Answering Affidavit, Administrative Fine
Civil Procedure Banking and Finance Condonation Late Filing National Credit Act Answering Affidavit Administrative Fine

Case Brief

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Parties

Option Deals (Pty) Ltd

Applicant

National Credit Regulator

Respondent

National Credit Regulator

Applicant

Option Deals (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Interlocutory Application for Condonation to Extend Time for Filing and Serving Answering Affidavit.

Legal Issues

  1. 1 Whether condonation should be granted for the late filing and serving of the Answering Affidavit.
  2. 2 Whether Option Deals has shown good cause for the extension of time.
  3. 3 Whether the interests of justice require granting condonation.

Ratio Decidendi

The Tribunal found that Option Deals provided a reasonable explanation for the late filing of its Answering Affidavit, citing logistical difficulties and the need to gather evidence from multiple consumers. The matter is of significant importance to Option Deals, given the serious allegations and potential consequences, including refunds and administrative fines. The interests of justice require that Option Deals be given an opportunity to respond fully to the allegations. The NCR did not oppose the application. On consideration of all relevant factors, including the explanation for delay, absence of prejudice to the NCR, and the importance of the matter, condonation for the extension of...

Court Disposition

Condonation granted for the extension of time to file and serve the Answering Affidavit.

Orders

  • The condonation application for the extension of time for the filing and serving of the Answering Affidavit is granted.
  • Option Deals must file its Answering Affidavit by 7 June 2019.