Scheepers v Trust (NCT/4296/2012/114 (1)) [2012] ZANCT 26 (20 November 2012)

Scheepers v Trust (NCT/4296/2012/114 (1)) [2012] ZANCT 26 (20 November 2012)

The Tribunal found that the parties had entered into a valid credit agreement subject to the National Credit Act, as confirmed by a prior Magistrates Court declaratory order. The Applicant made multiple written requests for statements of account, which the Respondent failed to deliver. The Respondent did not properly apply for condonation for late filing of its opposing affidavit and failed to oppose the application substantively. The Tribunal held that the Respondent was legally obliged under sections 110 and 114 of the National Credit Act to provide the requested statements. The Tribunal was satisfied that all jurisdictional prerequisites were met and that the Applicant was entitled to...

Citation
[2012] ZANCT 26
Parties
Applicant: Simon Scheepers; Respondent: Koos Cillié Trust
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 November 2012
Case Number
NCT/4296/2012/114 (1)
Procedural Posture
Default Application / Final Determination After Hearing; Default Order Application
Outcome
Application granted; default order issued against Respondent.
Judges
Penelope Beck, Xolela May, Joseph M. Maseko
Legal Topics
National Credit Act, Statement of Account, Default Order, Condonation, Credit Agreement
Banking and Finance National Credit Act Statement of Account Default Order Condonation Credit Agreement

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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Simon Scheepers

Applicant

Koos Cillié Trust

Respondent

Procedural Posture

Default Application / Final Determination After Hearing; Default Order Application

Legal Issues

  1. 1 Whether the Tribunal should order the Respondent to provide the Applicant with specific statements requested and not delivered.
  2. 2 Whether the Tribunal should grant a default order against the Respondent due to failure to furnish required statements and failure to oppose the application.

Ratio Decidendi

The Tribunal found that the parties had entered into a valid credit agreement subject to the National Credit Act, as confirmed by a prior Magistrates Court declaratory order. The Applicant made multiple written requests for statements of account, which the Respondent failed to deliver. The Respondent did not properly apply for condonation for late filing of its opposing affidavit and failed to oppose the application substantively. The Tribunal held that the Respondent was legally obliged under sections 110 and 114 of the National Credit Act to provide the requested statements. The Tribunal was satisfied that all jurisdictional prerequisites were met and that the Applicant was entitled to...

Court Disposition

Application granted; default order issued against Respondent.

Orders

  • The Respondent is ordered to furnish the Applicant with a statement as contemplated in Section 110 read with Section 114 of the National Credit Act.
  • The Respondent must deliver the above statements to the Applicant within 14 days of receiving this order.