South Africa Case Law

Capitec Bank Limited v Gardner and Others (NCT/133226/2019/165)

Capitec Bank Limited v Gardner and Others (NCT/133226/2019/165) [2019] ZANCT 125 (14 August 2019)

Court

National Consumer Tribunal

Case number

NCT/133226/2019/165

Judges

H Devraj, K Moodaliyar, B Dumisa

The Tribunal found that the applicant had lawfully terminated the debt review process and notified the relevant parties. The debt counsellor subsequently included the Capitec Bank Limited loan agreement in a Section 138 application for a consent order after the termination, which was not permissible. No opposition was filed by the respondents, and the facts alleged by the applicant were deemed admitted. The Tribunal held that the consent order was erroneously sought and, in accordance with Section 165 of the National Credit Act, rescinded the order granted on 20 November 2018. The Tribunal wa…

Source excerpt

• National Credit Act Section 165
• Debt Review Termination
• Rescission Of Consent Order

Hawkwind CC v Goddard (2589/2010)

Hawkwind CC v Goddard (2589/2010) [2010] ZAECPEHC 59 (16 September 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2589/2010

Judge

Chetty

The court set aside a consent order after finding the applicant’s attorney made a reasonable mistake that vitiated compromise, and granted interim restraint.

• Rescission Of Consent Order
• Justus Error
• Interim Interdict
• Compromise Agreement
• Justus-error
• Rescission-of-consent-order