Mthembu v Boundlesstrade 11 (Pty) Ltd t/a Jaguar Land Rover Waterford (NCT/245311/2022/75(1)(b) CPA) [2023] ZANCT 3 (18 January 2023)
Court
National Consumer Tribunal
Case number
NCT/245311/2022/75(1)(b) CPA
Judge
C Sassman
The Tribunal refused leave to refer a consumer complaint because the dispute arose in 2017 and was filed more than three years later, making it time-barred.
Sheperd v Claremont Holdings (Pty) Ltd (NCT/220990/2022/75(1)(b)) [2022] ZANCT 65 (6 December 2022)
Court
National Consumer Tribunal
Case number
NCT/220990/2022/75(1)(b)
Judges
C Sassman, K Moodaliyar, CJ Ntsoane
The Tribunal dismissed a consumer claim over an alleged vehicle leak, finding no proven material defect and no contravention of the Consumer Protection Act.
Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others (16262/2019) [2021] ZAWCHC 220 (3 November 2021)
Court
Western Cape High Court, Cape Town
Case number
16262/2019
Judge
P.A.L. Gamble
The court held that, even assuming the certification order is appealable, the respondents failed to demonstrate reasonable prospects of success on appeal. The arguments regarding lack of commonality and the need for individualized causation assessments were rejected, as the applicants' claims were based on the objective nature of the alleged fraudulent scheme. The court found that the certification of the class action was a proper exercise of judicial discretion, with no misdirection or failure to act judicially. The interests of justice supported certification, and the advantages of a class…
Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others (16262/2019) [2021] ZAWCHC 133; [2021] 4 All SA 219 (WCC); 2022 (2) SA 237 (WCC) (21 July 2021)
Court
Western Cape High Court, Cape Town
Case number
16262/2019
Judge
P.A.L. Gamble
High Court certification of an opt-out class action over alleged online loan and legal-services scam, with interim relief, notification orders, and a refused joinder application.
Carstens v Beukes and Others (NCT/133281/2019/75(1)(b)) [2020] ZANCT 4 (24 February 2020)
Court
National Consumer Tribunal
Case number
NCT/133281/2019/75(1)(b)
Judges
A Potwana, J Simpson, H Alwar
The National Consumer Tribunal granted condonation after the applicant failed to serve all respondents, noting her complaint had reasonable prospects under the CPA.
Tshehla v Aucamp Eiendomsbeleggings t/a CA Motors (NCT/95341/2017/75(1)(b)) [2019] ZANCT 92 (1 April 2019)
Court
National Consumer Tribunal
Case number
NCT/95341/2017/75(1)(b)
Judges
MC Peenze, D Terblanche, A Potwana
The Tribunal found a used Mercedes sold by the respondent was not of good quality and ordered refund of the purchase price plus parts and towing costs.
