South African Securitisation Programme (RF) Ltd v Lucic (2022/6034) [2023] ZAGPJHC 768 (6 July 2023)

South African Securitisation Programme (RF) Ltd v Lucic (2022/6034) [2023] ZAGPJHC 768 (6 July 2023)

The court found that the defendant provided valid written notice of cancellation to Sasfin on 30 November 2020, which, although stating immediate effect, was not acted upon until after more than 20 business days had elapsed. The defendant ceased payments only on 25 March 2021, satisfying the statutory notice period under section 14(2)(b)(bb) of the Consumer Protection Act. The court held that the CPA applies to the agreement, as the financier falls within the definition of supplier. There is no requirement that the cancellation notice must expressly reference the CPA or the 20-day period, provided the supplier receives written notice and the consumer allows the prescribed period before...

Citation
[2023] ZAGPJHC 768
Parties
Plaintiff: South African Securitisation Programme (RF) Ltd; Defendant: Dr Lucic, Mirjana
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 July 2023
Case Number
2022/6034
Procedural Posture
Summary Judgment Application / Application for Summary Judgment
Outcome
Summary judgment application dismissed; costs to be in the cause of the main action.
Judges
T Lipshitz
Legal Topics
Consumer Protection Act, Summary Judgment, Specific Performance, Conventional Penalties Act, Contract Cancellation
Commercial and Corporate Civil Procedure Consumer Protection Act Summary Judgment Specific Performance Conventional Penalties Act Contract Cancellation

Case Brief

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Parties

South African Securitisation Programme (RF) Ltd

Plaintiff

Dr Lucic, Mirjana

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment

Legal Issues

  1. 1 Whether the defendant has disclosed a bona fide defence that is good in law under Rule 32(3) of the Uniform Rules of Court.
  2. 2 Whether the defendant validly cancelled the master rental agreement in terms of section 14(2)(b)(bb) of the Consumer Protection Act.
  3. 3 Whether the plaintiff's monetary claim constitutes a penalty under the Conventional Penalties Act and should be reduced.

Ratio Decidendi

The court found that the defendant provided valid written notice of cancellation to Sasfin on 30 November 2020, which, although stating immediate effect, was not acted upon until after more than 20 business days had elapsed. The defendant ceased payments only on 25 March 2021, satisfying the statutory notice period under section 14(2)(b)(bb) of the Consumer Protection Act. The court held that the CPA applies to the agreement, as the financier falls within the definition of supplier. There is no requirement that the cancellation notice must expressly reference the CPA or the 20-day period, provided the supplier receives written notice and the consumer allows the prescribed period before...

Court Disposition

Summary judgment application dismissed; costs to be in the cause of the main action.

Orders

  • The application for summary judgment is dismissed.
  • Costs are to be in the cause of the main action.