Yako v Mercedes Benz Financial Services (Pty) Ltd (NCT/4044/2012/128(1)) [2013] ZANCT 16 (1 July 2013)

Yako v Mercedes Benz Financial Services (Pty) Ltd (NCT/4044/2012/128(1)) [2013] ZANCT 16 (1 July 2013)

The Tribunal granted condonation for the Respondent's late filing of its Notice of Intention to Oppose, finding it in the interests of justice and noting no prejudice to the parties. The Tribunal affirmed its jurisdiction to review the sale under section 128 of the National Credit Act, as the pending High Court matter was distinct from the present application. On the merits, the Tribunal found that the Applicant failed to provide any factual basis or evidence to support her claim that the Respondent did not sell the vehicle for the best price reasonably obtainable. The Applicant did not address the specific requirements of section 127(4)(b) or adduce objective evidence regarding the...

Citation
[2013] ZANCT 16
Parties
Applicant: Patience Ntombifikile Yako; Respondent: Mercedes Benz Financial Services (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
1 July 2013
Case Number
NCT/4044/2012/128(1)
Procedural Posture
Review Application / Final Judgment After Hearing; Condonation for Late Opposition Granted
Outcome
Application dismissed; condonation for late filing granted; no order as to costs.
Judges
D Terblanche, L Best, P Beck
Legal Topics
National Credit Act, Repossession of Goods, Sale at Best Price, Condonation of Late Filing, Jurisdiction of Tribunal
Banking and Finance Civil Procedure National Credit Act Repossession of Goods Sale at Best Price Condonation of Late Filing Jurisdiction of Tribunal

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Parties

Patience Ntombifikile Yako

Applicant

Mercedes Benz Financial Services (Pty) Ltd

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing; Condonation for Late Opposition Granted

Legal Issues

  1. 1 Whether the Tribunal should grant condonation for the Respondent's late filing of its Notice of Intention to Oppose.
  2. 2 Whether the Tribunal has jurisdiction to adjudicate the review of the sale under section 128 of the National Credit Act.
  3. 3 Whether the Respondent sold the repossessed vehicle for the best price reasonably obtainable as required by section 127(4)(b) of the Act.

Ratio Decidendi

The Tribunal granted condonation for the Respondent's late filing of its Notice of Intention to Oppose, finding it in the interests of justice and noting no prejudice to the parties. The Tribunal affirmed its jurisdiction to review the sale under section 128 of the National Credit Act, as the pending High Court matter was distinct from the present application. On the merits, the Tribunal found that the Applicant failed to provide any factual basis or evidence to support her claim that the Respondent did not sell the vehicle for the best price reasonably obtainable. The Applicant did not address the specific requirements of section 127(4)(b) or adduce objective evidence regarding the...

Court Disposition

Application dismissed; condonation for late filing granted; no order as to costs.

Orders

  • The application for condonation of the late filing of the Respondent's Notice of Intention to Oppose is granted.
  • The Applicant's application is dismissed.