Takealot Online (RF) (Pty) Ltd v Driveconsortium Hatfield (Pty) Ltd - Application for Leave to Appeal (7348/2021)
Takealot Online (RF) (Pty) Ltd v Driveconsortium Hatfield (Pty) Ltd - Application for Leave to Appeal (7348/2021) [2021] ZAWCHC 280 (11 October 2021)
The court found that the amendments to the notice of motion did not substantially alter the respondent's case and caused no prejudice to the applicant, who had ample opportunity to address the amended relief. The respondent established a prima facie right based on allegations of unfair, unreasonable, or unjust contract terms under the Consumer Protection Act, which are legal questions appropriately determined by a court. The court rejected the applicant's argument that jurisdiction was lacking due to an arbitration clause and the requirement to exhaust other remedies under section 69(d) of th…
Source excerpt
- Consumer Protection Act
- Interim Interdict
- Contract Amendment
- Unfair Contract Terms
- Jurisdictional Exhaustion
- Costs Award