Vatsha v Shalom Motors (Pty) Ltd (NCT/95174/2017/75(1)(b)) [2018] ZANCT 67 (15 May 2018)

Vatsha v Shalom Motors (Pty) Ltd (NCT/95174/2017/75(1)(b)) [2018] ZANCT 67 (15 May 2018)

The Tribunal found that the applicant demonstrated reasonable prospects of success in his complaint against the respondent, given the mechanical defects in the vehicle, the respondent's failure to refund or repair as directed by the Motor Industry Ombud, and the substantial importance of the matter to both parties. The Tribunal applied the test for leave as used in the High Court, considering both prospects of success and the significance of the dispute. The respondent's absence and failure to comply with previous directives further supported the applicant's case for leave to refer.

Citation
[2018] ZANCT 67
Parties
Applicant: Tembinkosi Vatsha; Respondent: Shalom Motors (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 May 2018
Case Number
NCT/95174/2017/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint to Tribunal After Non Referral Notice Issued by Commission
Outcome
Leave to refer the matter directly to the Tribunal is granted.
Judges
X May
Legal Topics
Consumer Protection Act, Leave to Refer, Motor Vehicle Sale, Non Referral Notice
Commercial and Corporate Consumer Protection Act Leave to Refer Motor Vehicle Sale Non Referral Notice

Case Brief

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Parties

Tembinkosi Vatsha

Applicant

Shalom Motors (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint to Tribunal After Non Referral Notice Issued by Commission

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer the complaint directly to the Tribunal after a notice of non-referral was issued by the Commission.
  2. 2 Whether the applicant has reasonable prospects of success with the referral.
  3. 3 Whether the matter is of substantial importance to the applicant or respondent.

Ratio Decidendi

The Tribunal found that the applicant demonstrated reasonable prospects of success in his complaint against the respondent, given the mechanical defects in the vehicle, the respondent's failure to refund or repair as directed by the Motor Industry Ombud, and the substantial importance of the matter to both parties. The Tribunal applied the test for leave as used in the High Court, considering both prospects of success and the significance of the dispute. The respondent's absence and failure to comply with previous directives further supported the applicant's case for leave to refer.

Court Disposition

Leave to refer the matter directly to the Tribunal is granted.

Orders

  • The applicant's application for leave to refer the matter directly to the Tribunal is granted.
  • There is no order as to costs.