National Credit Regulator v Nivasol CC Trading As Brother Cash Loans (NCT/100942/2018/57(1)) [2018] ZANCT 120 (31 August 2018)

National Credit Regulator v Nivasol CC Trading As Brother Cash Loans (NCT/100942/2018/57(1)) [2018] ZANCT 120 (31 August 2018)

The Tribunal found that the Respondent in the main matter provided a reasonable explanation for the delay in filing its Answering Affidavit, citing travel abroad and language barriers. The condonation application was filed within a reasonable period. The Tribunal accepted that the Respondent would suffer prejudice if not afforded an opportunity to respond to serious allegations, including possible de-registration as a credit provider. The interests of justice require that all facts be ventilated before the Tribunal. The Tribunal exercised its discretion to grant condonation, enabling the Respondent to file its Answering Affidavit and participate fully in the proceedings.

Citation
[2018] ZANCT 120
Parties
Applicant: Nivasol CC Trading As Brother Cash Loans; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
31 August 2018
Case Number
NCT/100942/2018/57(1)
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing of Answering Affidavit
Outcome
Condonation for the late filing of the Answering Affidavit is granted.
Judges
H Devraj
Legal Topics
Condonation, Late Filing of Affidavit, National Credit Act, Interests of Justice
Civil Procedure Banking and Finance Condonation Late Filing of Affidavit National Credit Act Interests of Justice

Case Brief

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Parties

Nivasol CC Trading As Brother Cash Loans

Applicant

National Credit Regulator

Respondent

Procedural Posture

Condonation Application / Ruling on Condonation for Late Filing of Answering Affidavit

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the Answering Affidavit by the Respondent in the main matter.
  2. 2 Whether the Respondent in the main matter has shown good cause for the delay.
  3. 3 Whether the interests of justice require that the Respondent be afforded an opportunity to respond to the allegations.

Ratio Decidendi

The Tribunal found that the Respondent in the main matter provided a reasonable explanation for the delay in filing its Answering Affidavit, citing travel abroad and language barriers. The condonation application was filed within a reasonable period. The Tribunal accepted that the Respondent would suffer prejudice if not afforded an opportunity to respond to serious allegations, including possible de-registration as a credit provider. The interests of justice require that all facts be ventilated before the Tribunal. The Tribunal exercised its discretion to grant condonation, enabling the Respondent to file its Answering Affidavit and participate fully in the proceedings.

Court Disposition

Condonation for the late filing of the Answering Affidavit is granted.

Orders

  • The condonation application for the extension of time for the late filing of the Answering Affidavit is granted.
  • The Respondent in the main matter must file its Answering Affidavit within 15 business days from the date that this ruling is issued.