Pillay v Wesbank, a division of Firstrand Bank Ltd (NCT/867/2010/128(1) (P)) [2012] ZANCT 11 (29 June 2012)

Pillay v Wesbank, a division of Firstrand Bank Ltd (NCT/867/2010/128(1) (P)) [2012] ZANCT 11 (29 June 2012)

The Tribunal found that section 128(1) of the National Credit Act establishes a condition precedent requiring the applicant to first attempt to resolve the disputed sale of goods directly with the credit provider or through alternative dispute resolution. The applicant failed to demonstrate that she made any sufficient or unsuccessful attempt to resolve the dispute with the respondent or through an alternative dispute resolution mechanism prior to approaching the Tribunal. The Tribunal concluded that it lacked jurisdiction to entertain the application as the procedural requirements of section 128(1) were not met. Accordingly, the point in limine raised by the respondent was upheld and the...

Citation
[2012] ZANCT 11
Parties
Applicant: Kasturie Pillay; Respondent: Wesbank, a division of FirstRand Bank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
29 June 2012
Case Number
NCT/867/2010/128(1) (P)
Procedural Posture
Review Application / Points in Limine
Outcome
Application dismissed on points in limine for lack of jurisdiction.
Judges
F.K Manamela, L. Best, P. Beck
Legal Topics
National Credit Act, Review of Sale of Goods, Jurisdiction of Tribunal, Alternative Dispute Resolution
Banking and Finance Civil Procedure National Credit Act Review of Sale of Goods Jurisdiction of Tribunal Alternative Dispute Resolution

Case Brief

Summary, issues, holding and outcome

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Parties

Kasturie Pillay

Applicant

Wesbank, a division of FirstRand Bank Limited

Respondent

Procedural Posture

Review Application / Points in Limine

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to review the sale of goods under section 128(1) of the National Credit Act.
  2. 2 Whether the applicant attempted to resolve the disputed sale with the credit provider or through alternative dispute resolution before approaching the Tribunal.
  3. 3 Whether the procedural requirements of section 128(1) were satisfied by the applicant.

Ratio Decidendi

The Tribunal found that section 128(1) of the National Credit Act establishes a condition precedent requiring the applicant to first attempt to resolve the disputed sale of goods directly with the credit provider or through alternative dispute resolution. The applicant failed to demonstrate that she made any sufficient or unsuccessful attempt to resolve the dispute with the respondent or through an alternative dispute resolution mechanism prior to approaching the Tribunal. The Tribunal concluded that it lacked jurisdiction to entertain the application as the procedural requirements of section 128(1) were not met. Accordingly, the point in limine raised by the respondent was upheld and the...

Court Disposition

Application dismissed on points in limine for lack of jurisdiction.

Orders

  • The point in limine is upheld.
  • The application for review of a disputed sale of goods is dismissed.