Bisschoff v Mcintyre Van Der Post Incorporated (NCT278955/2023/148(1))
Bisschoff v Mcintyre Van Der Post Incorporated (NCT278955/2023/148(1)) [2023] ZANCT 34 (10 October 2023)
The Tribunal found that while the appellant's claims regarding unsolicited services and prohibited conduct fall within the scope of the CPA, the Tribunal is precluded by section 116(1)(a) from adjudicating the complaint because it was filed more than three years after the cause of action arose. The Tribunal confirmed that it has no discretion to condone non-compliance with this statutory time bar, and the processes before the LPC and NCC did not interrupt the running of the period. The Tribunal also found no basis for a cost order against the appellant, as she acted in good faith and followed…
Source excerpt
- Consumer Protection Act
- Unsolicited Services
- Jurisdictional Time Bar
- Leave To Refer
- Costs Order