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South Africa Case Law

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Commercial And Corporate [2019] ZANCT 106

Norris v Velox Auctioneers (Pty) Ltd (NCT/127046/2019/75(1)(b))

Norris v Velox Auctioneers (Pty) Ltd (NCT/127046/2019/75(1)(b)) [2019] ZANCT 106 (14 July 2019)

Court
National Consumer Tribunal
Case number
NCT/127046/2019/75(1)(b)
Judge
B Dumisa

The Tribunal found that the applicant did not satisfy the definition of a consumer under the Consumer Protection Act, as the transaction was business-to-business and not aimed at protecting end-users. The auction agreement did not meet the requirements of Regulation 22, lacking clear rules of auction, fee descriptions, and provisions for reserve price outcomes. The Tribunal concluded it lacked jurisdiction to grant relief under the CPA for the applicant's claim, as the legislation does not cover the applicant's circumstances.

Source excerpt

  • Auction Regulation
  • Definition Of Consumer
  • Application Of Consumer Protection Act
  • Business To Business Transactions
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Commercial And Corporate [2015] ZANCT 47

Breytenbach Glass v Den Braven (NCT/21238/2015/75(1)(b))

Breytenbach Glass v Den Braven (NCT/21238/2015/75(1)(b)) [2015] ZANCT 47 (12 November 2015)

Court
National Consumer Tribunal
Case number
NCT/21238/2015/75(1)(b)
Judges
JM Maseko, FK Manamela, Xolela May

The Tribunal found that the Applicant does not qualify as a 'consumer' under the Consumer Protection Act because its annual turnover exceeds the statutory threshold, as conceded by the Applicant. The Tribunal is bound by the Act and cannot extend its jurisdiction beyond what is provided by law. Furthermore, the Tribunal held that the requirements for lis alibi pendens are satisfied, as there are pending proceedings in the Roodepoort Magistrate's Court involving the same parties, subject matter, and cause of action. The Applicant could have raised its claims as a counterclaim in those proceedi…

Source excerpt

  • Consumer Protection Act
  • Jurisdiction
  • Lis Alibi Pendens
  • Definition Of Consumer
  • Leave To Refer
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.