Option Deals (Pty) Ltd v National Credit Regulator (NCT/128364/2019/140(1) Rule 34) [2019] ZANCT 72 (20 May 2019)

Option Deals (Pty) Ltd v National Credit Regulator (NCT/128364/2019/140(1) Rule 34) [2019] ZANCT 72 (20 May 2019)

The Tribunal found that Option Deals provided a reasonable explanation for the delay in filing its Answering Affidavit, citing logistical difficulties and the need to prepare extensive supporting documentation. The delay was not opposed by the National Credit Regulator, and the Tribunal accepted that Option Deals would suffer prejudice if denied the opportunity to respond to serious allegations. The matter is of significant importance, with potential consequences including large refunds and administrative fines. The interests of justice require that all facts be placed before the Tribunal, and condonation should be granted to allow both parties to fully ventilate their cases.

Citation
[2019] ZANCT 72
Parties
Applicant: Option Deals (Pty) Ltd; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 May 2019
Case Number
NCT/128364/2019/140(1) Rule 34
Procedural Posture
Condonation Application / Interlocutory
Outcome
Condonation for the extension of time to file and serve the Answering Affidavit is granted.
Judges
H Devraj
Legal Topics
Condonation, Late Filing, Extension of Time, Answering Affidavit, Tribunal Rules
Civil Procedure Condonation Late Filing Extension of Time Answering Affidavit Tribunal Rules

Case Brief

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Parties

Option Deals (Pty) Ltd

Applicant

National Credit Regulator

Respondent

Procedural Posture

Condonation Application / Interlocutory

Legal Issues

  1. 1 Whether condonation should be granted for the late filing and serving of the Answering Affidavit.
  2. 2 Whether the applicant has shown good cause for the extension of time.

Ratio Decidendi

The Tribunal found that Option Deals provided a reasonable explanation for the delay in filing its Answering Affidavit, citing logistical difficulties and the need to prepare extensive supporting documentation. The delay was not opposed by the National Credit Regulator, and the Tribunal accepted that Option Deals would suffer prejudice if denied the opportunity to respond to serious allegations. The matter is of significant importance, with potential consequences including large refunds and administrative fines. The interests of justice require that all facts be placed before the Tribunal, and condonation should be granted to allow both parties to fully ventilate their cases.

Court Disposition

Condonation for the extension of time to file and serve the Answering Affidavit is granted.

Orders

  • The condonation application for the extension of time for the filing and serving of the Answering Affidavit is granted.
  • Option Deals must file its Answering Affidavit by 7 June 2019.