National Credit Regulator v Nivasol CC t/a Brother Cash Loans (NCT/100942/2018/57(1)) [2018] ZANCT 83 (31 August 2018)

National Credit Regulator v Nivasol CC t/a Brother Cash Loans (NCT/100942/2018/57(1)) [2018] ZANCT 83 (31 August 2018)

The Tribunal found that both parties agreed to a postponement to allow for settlement negotiations. The Tribunal ordered the matter postponed sine die, with a deadline for submission of a signed settlement agreement by 14 September 2018. If a settlement is reached and submitted, the Tribunal will consider making it an order. If no settlement is reached, the matter will proceed in accordance with Tribunal rules. No order as to costs was made, reflecting the consensual nature of the postponement and the absence of prejudice to either party.

Citation
[2018] ZANCT 83
Parties
Applicant: National Credit Regulator; Respondent: Nivasol CC t/a Brother Cash Loans
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
31 August 2018
Case Number
NCT/100942/2018/57(1)
Procedural Posture
Postponement Application / Application for Postponement Prior to Substantive Hearing
Outcome
Matter postponed sine die to allow for settlement negotiations; deadline set for submission of settlement agreement.
Judges
M Peenze, T Bailey, K Moodaliyar
Legal Topics
Postponement, Settlement Agreement, Tribunal Rules
Civil Procedure Postponement Settlement Agreement Tribunal Rules

Case Brief

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Parties

National Credit Regulator

Applicant

Nivasol CC t/a Brother Cash Loans

Respondent

Procedural Posture

Postponement Application / Application for Postponement Prior to Substantive Hearing

Legal Issues

  1. 1 Whether the matter should be postponed to allow for settlement negotiations.
  2. 2 Whether a deadline should be set for filing a settlement agreement with the Tribunal.
  3. 3 Whether the Tribunal should make the settlement agreement an order if appropriate.

Ratio Decidendi

The Tribunal found that both parties agreed to a postponement to allow for settlement negotiations. The Tribunal ordered the matter postponed sine die, with a deadline for submission of a signed settlement agreement by 14 September 2018. If a settlement is reached and submitted, the Tribunal will consider making it an order. If no settlement is reached, the matter will proceed in accordance with Tribunal rules. No order as to costs was made, reflecting the consensual nature of the postponement and the absence of prejudice to either party.

Court Disposition

Matter postponed sine die to allow for settlement negotiations; deadline set for submission of settlement agreement.

Orders

  • The matter is postponed sine die.
  • The parties must submit a written settlement agreement, signed by authorized representatives, to the Tribunal Registrar by 14 September 2018.