Foschini Retail Group (PTY) LTD v National Credit Regulator , In re : National Credit Regulator v Foschini Retail Group (PTY) LTD (NCT/84881/2017/140(1)NCA) [2018] ZANCT 105 (8 June 2018)

Foschini Retail Group (PTY) LTD v National Credit Regulator , In re : National Credit Regulator v Foschini Retail Group (PTY) LTD (NCT/84881/2017/140(1)NCA) [2018] ZANCT 105 (8 June 2018)

The Tribunal found that Foschini's application for condonation was not opposed, there was no indication of unnecessary delay or abuse of process, and the NCR would have an opportunity to respond to the supplementary affidavit. The Tribunal held that the application for condonation falls under Rule 34(1)(d) as a departure from the rules or procedures, and must be considered by a full panel. Applying the principles from Melane and other authorities, the Tribunal concluded that good cause was shown and the interests of justice favoured granting condonation. Accordingly, the filing of Foschini's supplementary affidavit was condoned and the NCR was granted 10 business days to respond.

Citation
[2018] ZANCT 105
Parties
Applicant: Foschini Retail Group (Pty) Ltd; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
8 June 2018
Case Number
NCT/84881/2017/140(1)NCA
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Supplementary Affidavit in Interlocutory Proceedings
Outcome
Condonation granted for the filing of Foschini's supplementary affidavit. The NCR may respond within 10 business days. No order as to costs.
Judges
J Simpson, A Potwana, H Devraj
Legal Topics
Condonation, Supplementary Affidavit, Tribunal Rules, Late Filing
Civil Procedure Condonation Supplementary Affidavit Tribunal Rules Late Filing

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 10 Party arguments 2
Sign in to unlock

Parties

Foschini Retail Group (Pty) Ltd

Applicant

National Credit Regulator

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Filing of Supplementary Affidavit in Interlocutory Proceedings

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of a supplementary affidavit by Foschini.
  2. 2 Whether the Tribunal has jurisdiction to grant condonation for such filing under its rules and the National Credit Act.
  3. 3 Whether the interests of justice favour granting condonation in the circumstances.

Ratio Decidendi

The Tribunal found that Foschini's application for condonation was not opposed, there was no indication of unnecessary delay or abuse of process, and the NCR would have an opportunity to respond to the supplementary affidavit. The Tribunal held that the application for condonation falls under Rule 34(1)(d) as a departure from the rules or procedures, and must be considered by a full panel. Applying the principles from Melane and other authorities, the Tribunal concluded that good cause was shown and the interests of justice favoured granting condonation. Accordingly, the filing of Foschini's supplementary affidavit was condoned and the NCR was granted 10 business days to respond.

Court Disposition

Condonation granted for the filing of Foschini's supplementary affidavit. The NCR may respond within 10 business days. No order as to costs.

Orders

  • Condonation is granted to Foschini for the filing of the supplementary affidavit.
  • The National Credit Regulator may file an affidavit in response to the supplementary affidavit within 10 business days after the judgment is issued to the parties.