Springside Investment (Pty) Ltd v Viking Fishing Company (Pty) Ltd (NCT/104417/2018/75(1)(b)) [2018] ZANCT 94 (27 June 2018)

Springside Investment (Pty) Ltd v Viking Fishing Company (Pty) Ltd (NCT/104417/2018/75(1)(b)) [2018] ZANCT 94 (27 June 2018)

The Tribunal found that the applicant's delay in filing was minimal and the explanation for the omission was reasonable and promptly rectified. No prejudice would result from granting condonation, as the respondent did not oppose the application. However, the Tribunal determined that the main matter concerned a contractual dispute, which falls outside its jurisdiction under the Consumer Protection Act. As the Tribunal cannot adjudicate the underlying dispute, the applicant's prospects of success are slim, rendering the granting of condonation futile. Accordingly, condonation was refused.

Citation
[2018] ZANCT 94
Parties
Applicant: Springside Investment (Pty) Ltd; Respondent: Viking Fishing Company (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
27 June 2018
Case Number
NCT/104417/2018/75(1)(b)
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing
Outcome
Condonation is refused; no order as to costs.
Judges
Nomfundo Maseti
Legal Topics
Condonation, Late Filing, Jurisdiction, Contractual Dispute, Consumer Protection Act
Civil Procedure Condonation Late Filing Jurisdiction Contractual Dispute Consumer Protection Act

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Parties

Springside Investment (Pty) Ltd

Applicant

Viking Fishing Company (Pty) 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 late filing under Rule 34 of the Tribunal Rules.
  2. 2 Whether the Tribunal has jurisdiction to adjudicate the main contractual dispute between the parties.
  3. 3 Whether prospects of success exist for the applicant in the main matter.

Ratio Decidendi

The Tribunal found that the applicant's delay in filing was minimal and the explanation for the omission was reasonable and promptly rectified. No prejudice would result from granting condonation, as the respondent did not oppose the application. However, the Tribunal determined that the main matter concerned a contractual dispute, which falls outside its jurisdiction under the Consumer Protection Act. As the Tribunal cannot adjudicate the underlying dispute, the applicant's prospects of success are slim, rendering the granting of condonation futile. Accordingly, condonation was refused.

Court Disposition

Condonation is refused; no order as to costs.

Orders

  • Condonation is hereby not granted.
  • No order is made as to costs.