Ross v African Bank Ltd and Another (NCT/60756/2016/141(1)) [2017] ZANCT 103 (27 September 2017)

Ross v African Bank Ltd and Another (NCT/60756/2016/141(1)) [2017] ZANCT 103 (27 September 2017)

The Tribunal found that the applicant provided a reasonable explanation for the late filing, having misunderstood the time periods and procedures and having sought assistance from the Tribunal. The delay was not intentional, and the respondent did not oppose the condonation on the basis of the delay itself. The Tribunal considered the relevant factors, including the nature of the relief, the explanation for the delay, and the respondent's position, and determined that good cause was shown. Therefore, condonation for the late filing of the application was granted.

Citation
[2017] ZANCT 103
Parties
Applicant: Yorick Gregory Ross; Respondent: African Bank Ltd; Respondent: Residual Debt Services Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
27 September 2017
Case Number
NCT/60756/2016/141(1)
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing
Outcome
Condonation for the late filing of the application is granted.
Judges
X May
Legal Topics
Condonation, Late Filing, National Credit Act, Tribunal Rules
Civil Procedure Condonation Late Filing National Credit Act Tribunal Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Yorick Gregory Ross

Applicant

African Bank Ltd

Respondent

Residual Debt Services Ltd

Respondent

Procedural Posture

Condonation Application / Ruling on Condonation for Late Filing

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late filing of the application under section 141(1) of the National Credit Act.
  2. 2 Whether the delay in filing the application should be condoned in terms of Rule 34 of the Tribunal Rules.

Ratio Decidendi

The Tribunal found that the applicant provided a reasonable explanation for the late filing, having misunderstood the time periods and procedures and having sought assistance from the Tribunal. The delay was not intentional, and the respondent did not oppose the condonation on the basis of the delay itself. The Tribunal considered the relevant factors, including the nature of the relief, the explanation for the delay, and the respondent's position, and determined that good cause was shown. Therefore, condonation for the late filing of the application was granted.

Court Disposition

Condonation for the late filing of the application is granted.

Orders

  • Condonation is hereby granted to the applicant for the filing of the application outside the 20 day period required by the Rules.
  • No order is made as to costs.