Singh v Motus Corporation (Pty) Ltd t/a Multifranchise Pinetown (NCT/118856/2018/75(1)(b)CPA) [2019] ZANCT 86 (24 May 2019)

Singh v Motus Corporation (Pty) Ltd t/a Multifranchise Pinetown (NCT/118856/2018/75(1)(b)CPA) [2019] ZANCT 86 (24 May 2019)

The Tribunal found that the dispute between the applicant and respondent had been resolved amicably through a settlement agreement. The Tribunal required amendments to the agreement to ensure compliance with statutory requirements, specifically the identification of signatories and correct reference to the applicable legislation. Upon satisfaction that these requirements were met, the Tribunal confirmed the settlement agreement as an order, thereby resolving the matter and granting the relief sought by the applicant.

Citation
[2019] ZANCT 86
Parties
Applicant: Vasantha Singh; Respondent: Motus Corporation (Pty) Ltd t/a Multifranchise Pinetown
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
24 May 2019
Case Number
NCT/118856/2018/75(1)(b)CPA
Procedural Posture
Review Application / Settlement Agreement Confirmation
Outcome
Settlement agreement confirmed as an order of the Tribunal; no order as to costs.
Judges
L Best, J Simpson, A Potwana
Legal Topics
Consumer Protection Act, Settlement Agreement, Consent Order
Commercial and Corporate Civil Procedure Consumer Protection Act Settlement Agreement Consent Order

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Parties

Vasantha Singh

Applicant

Motus Corporation (Pty) Ltd t/a Multifranchise Pinetown

Respondent

Procedural Posture

Review Application / Settlement Agreement Confirmation

Legal Issues

  1. 1 Whether the settlement agreement between the parties should be made an order of the Tribunal.
  2. 2 Whether the settlement agreement complies with statutory requirements for confirmation as a consent order.

Ratio Decidendi

The Tribunal found that the dispute between the applicant and respondent had been resolved amicably through a settlement agreement. The Tribunal required amendments to the agreement to ensure compliance with statutory requirements, specifically the identification of signatories and correct reference to the applicable legislation. Upon satisfaction that these requirements were met, the Tribunal confirmed the settlement agreement as an order, thereby resolving the matter and granting the relief sought by the applicant.

Court Disposition

Settlement agreement confirmed as an order of the Tribunal; no order as to costs.

Orders

  • The signed settlement agreement entered into between the parties is made an order of the Tribunal.
  • No order is made as to costs.