Witbooi v Standard Bank of South Africa Ltd (NCT/22543/2015/137(3)(P)NCA) [2015] ZANCT 33 (11 December 2015)

Witbooi v Standard Bank of South Africa Ltd (NCT/22543/2015/137(3)(P)NCA) [2015] ZANCT 33 (11 December 2015)

The Tribunal found that both parties had been properly notified of the hearing date, time, and venue, as evidenced by their email acknowledgments of receipt of the set down notice. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the presiding member was empowered to dismiss the application due to the applicant's non-appearance. The application was therefore formally dismissed on record.

Citation
[2015] ZANCT 33
Parties
Applicant: B Witbooi; Respondent: Standard Bank of South Africa Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
11 December 2015
Case Number
NCT/22543/2015/137(3)(P)NCA
Procedural Posture
Review Application / Dismissal for Non Appearance
Outcome
Application dismissed due to non-appearance of both parties.
Judges
H Devraj
Legal Topics
National Credit Act, Non Appearance, Dismissal of Application
Civil Procedure Banking and Finance National Credit Act Non Appearance Dismissal of Application

Case Brief

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Parties

B Witbooi

Applicant

Standard Bank of South Africa Ltd

Respondent

Procedural Posture

Review Application / Dismissal for Non Appearance

Legal Issues

  1. 1 Whether the application should be dismissed due to non-appearance of both parties.
  2. 2 Whether the parties were properly notified of the hearing date, time, and venue.

Ratio Decidendi

The Tribunal found that both parties had been properly notified of the hearing date, time, and venue, as evidenced by their email acknowledgments of receipt of the set down notice. In accordance with Rule 24 of the National Consumer Tribunal Regulations, the presiding member was empowered to dismiss the application due to the applicant's non-appearance. The application was therefore formally dismissed on record.

Court Disposition

Application dismissed due to non-appearance of both parties.

Orders

  • The application lodged in terms of Section 137(3) of the National Credit Act is hereby dismissed.