Valentine v Motus Corporation (Pty) Ltd trading as Cape Town Multifranchise (NCT/125291/2019/75 CPA-RULE 34) [2019] ZANCT 38 (19 March 2019)

Valentine v Motus Corporation (Pty) Ltd trading as Cape Town Multifranchise (NCT/125291/2019/75 CPA-RULE 34) [2019] ZANCT 38 (19 March 2019)

The Tribunal found that the delay of approximately 9 business days in filing the application was not excessive. The applicant is not legally qualified and was unaware of the Tribunal Rules, which, while not an excuse, is a factor considered. The application for condonation was not opposed by the respondent. On an objective conspectus of all the facts, and in the interests of justice, the Tribunal exercised its discretion to grant condonation for the late filing. The prospects of success were not discussed in detail, as this would be more appropriate at the hearing of the main matter.

Citation
[2019] ZANCT 38
Parties
Applicant: David Arthur Valentine; Respondent: Motus Corporation (Pty) Ltd trading as Cape Town Multifranchise
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
19 March 2019
Case Number
NCT/125291/2019/75 CPA-RULE 34
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing
Outcome
Condonation for the late filing of the application for leave is granted.
Judges
J Simpson
Legal Topics
Condonation, Late Filing, Consumer Protection Act, Tribunal Rules
Civil Procedure Condonation Late Filing Consumer Protection Act Tribunal Rules

Case Brief

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Parties

David Arthur Valentine

Applicant

Motus Corporation (Pty) Ltd trading as Cape Town Multifranchise

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 the late filing of his application for leave to appeal to the Tribunal.
  2. 2 Whether the delay in filing the application should be condoned in the interests of justice.

Ratio Decidendi

The Tribunal found that the delay of approximately 9 business days in filing the application was not excessive. The applicant is not legally qualified and was unaware of the Tribunal Rules, which, while not an excuse, is a factor considered. The application for condonation was not opposed by the respondent. On an objective conspectus of all the facts, and in the interests of justice, the Tribunal exercised its discretion to grant condonation for the late filing. The prospects of success were not discussed in detail, as this would be more appropriate at the hearing of the main matter.

Court Disposition

Condonation for the late filing of the application for leave is granted.

Orders

  • The application by the applicant to condone the late filing of his application for leave is granted.
  • No order is made as to costs.