Ralph v Auto C Motorworx CC (NCT/109285/2018/75(1)(b)) [2018] ZANCT 131 (4 September 2018)

Ralph v Auto C Motorworx CC (NCT/109285/2018/75(1)(b)) [2018] ZANCT 131 (4 September 2018)

The Tribunal determined that the interests of justice would be best served by allowing the Respondent an opportunity to regularize its position by filing a condonation application for the late answering affidavit and serving the affidavit on the Applicant. The Tribunal found that postponing the matter would ensure both parties are properly heard and that the matter is fully ventilated before a default order is considered.

Citation
[2018] ZANCT 131
Parties
Applicant: Thomas Ralph; Respondent: Auto C Motorworx CC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
4 September 2018
Case Number
NCT/109285/2018/75(1)(b)
Procedural Posture
Postponement Application / Preliminary Order Prior to Hearing on Merits
Outcome
The matter is postponed to allow the Respondent to file and serve a condonation application for the late filing of its answering affidavit.
Judges
H Devraj
Legal Topics
Postponement, Condonation Application, Default Order, Service of Documents
Civil Procedure Postponement Condonation Application Default Order Service of Documents

Case Brief

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Parties

Thomas Ralph

Applicant

Auto C Motorworx CC

Respondent

Procedural Posture

Postponement Application / Preliminary Order Prior to Hearing on Merits

Legal Issues

  1. 1 Whether the Respondent should be granted a postponement to file a condonation application for the late filing of its answering affidavit.
  2. 2 Whether the Respondent's failure to serve the answering affidavit on the Applicant warrants a postponement.
  3. 3 Whether the interests of justice require both parties to be heard before a default order is made.

Ratio Decidendi

The Tribunal determined that the interests of justice would be best served by allowing the Respondent an opportunity to regularize its position by filing a condonation application for the late answering affidavit and serving the affidavit on the Applicant. The Tribunal found that postponing the matter would ensure both parties are properly heard and that the matter is fully ventilated before a default order is considered.

Court Disposition

The matter is postponed to allow the Respondent to file and serve a condonation application for the late filing of its answering affidavit.

Orders

  • The matter is postponed for the Respondent to file and serve a condonation application for the late filing of its answering affidavit by no later than 7 September 2018.
  • Should the Respondent fail to file and serve the condonation application by 7 September 2018, the matter will be set down again on a default basis.