Paladh v Adjust 4 Sleep (Adjustable Beds) (NCT/255043/2023/75(1)(b)) [2023] ZANCT 50 (23 November 2023)

Paladh v Adjust 4 Sleep (Adjustable Beds) (NCT/255043/2023/75(1)(b)) [2023] ZANCT 50 (23 November 2023)

The Tribunal found that the original order contained a clerical error in the wording of the amount to be refunded, stating 'sixty-eight thousand six hundred and seventy rands' instead of 'eighty-six thousand six hundred and seventy rands'. The Tribunal held that section 165(b) of the National Credit Act allows it to correct such an obvious error. The Tribunal also relied on the Firestone judgment, which permits courts to supplement judgments to correct inadvertent errors if approached within a reasonable time. The Tribunal concluded that the intention was always to order a refund of R86 670.00, as reflected in the applicant's papers and the numeric value in the order. Therefore, the order...

Citation
[2023] ZANCT 50
Parties
Applicant: Terrence Alvin Paladh; Respondent: Adjust 4 Sleep (Adjustable Beds)
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
23 November 2023
Case Number
NCT/255043/2023/75(1)(b)
Procedural Posture
Variation Application / Own Accord Variation of Order
Outcome
The Tribunal varied its original order to correct the clerical error in the amount stated in words, confirming the refund amount as R86 670.00 ('eighty-six thousand six hundred and seventy rands').
Judges
M Peenze, A Potwana, C Sassman
Legal Topics
Variation of Order, Clerical Error Correction, Consumer Protection Act, National Credit Act
Civil Procedure Variation of Order Clerical Error Correction Consumer Protection Act National Credit Act

Case Brief

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Parties

Terrence Alvin Paladh

Applicant

Adjust 4 Sleep (Adjustable Beds)

Respondent

Procedural Posture

Variation Application / Own Accord Variation of Order

Legal Issues

  1. 1 Whether the Tribunal may vary its own order to correct a clerical error in the amount stated in words.
  2. 2 Whether section 165(b) of the National Credit Act permits correction of an obvious error in the order.

Ratio Decidendi

The Tribunal found that the original order contained a clerical error in the wording of the amount to be refunded, stating 'sixty-eight thousand six hundred and seventy rands' instead of 'eighty-six thousand six hundred and seventy rands'. The Tribunal held that section 165(b) of the National Credit Act allows it to correct such an obvious error. The Tribunal also relied on the Firestone judgment, which permits courts to supplement judgments to correct inadvertent errors if approached within a reasonable time. The Tribunal concluded that the intention was always to order a refund of R86 670.00, as reflected in the applicant's papers and the numeric value in the order. Therefore, the order...

Court Disposition

The Tribunal varied its original order to correct the clerical error in the amount stated in words, confirming the refund amount as R86 670.00 ('eighty-six thousand six hundred and seventy rands').

Orders

  • Paragraph 34.3 of the originally published judgment is varied to correctly reflect the purchase amount of the goods in words as 'eighty-six thousand six hundred and seventy rands'.
  • The amended order must be issued where the correct amount in words appears in paragraph 34.3.