National Consumer Commission v Global Booming Investment CC (NCT/110729/2018/74(1)) [2018] ZANCT 88 (31 August 2018)

National Consumer Commission v Global Booming Investment CC (NCT/110729/2018/74(1)) [2018] ZANCT 88 (31 August 2018)

The Tribunal found that the requirements of section 74(1) of the Consumer Protection Act were satisfied, as the matter had been investigated and both parties agreed to the terms of the settlement. Accordingly, the Tribunal confirmed the settlement agreement as a consent order without the need for further evidence.

Citation
[2018] ZANCT 88
Parties
Applicant: National Consumer Commission; Respondent: Global Booming Investment CC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
31 August 2018
Case Number
NCT/110729/2018/74(1)
Procedural Posture
Consent Order Application / Settlement Agreement Confirmation
Outcome
Settlement agreement confirmed as a consent order. No order as to costs.
Judges
H Devraj
Legal Topics
Consumer Protection Act, Consent Order, Settlement Agreement
Commercial and Corporate Consumer Protection Act Consent Order Settlement Agreement

Case Brief

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Parties

National Consumer Commission

Applicant

Global Booming Investment CC

Respondent

Procedural Posture

Consent Order Application / Settlement Agreement Confirmation

Legal Issues

  1. 1 Whether the settlement agreement between the parties should be confirmed as a consent order under section 74(1) of the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that the requirements of section 74(1) of the Consumer Protection Act were satisfied, as the matter had been investigated and both parties agreed to the terms of the settlement. Accordingly, the Tribunal confirmed the settlement agreement as a consent order without the need for further evidence.

Court Disposition

Settlement agreement confirmed as a consent order. No order as to costs.

Orders

  • The Settlement Agreement entered into between the Applicant and the Respondent on 14 May 2018 is made an order of the National Consumer Tribunal in terms of Section 74(1) of the Consumer Protection Act of 2008.
  • There is no order made as to costs.