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Citation
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Judgment date
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| July 2023 |
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Tribunal granted condonation for brief late filing where service was substantially compliant and no mala fides were shown.
Rule 34 — condonation for late filing of documents; substantial compliance with service rules; factors for condonation (extent and cause of delay, prospects of success, prejudice, mala fides); service by affidavit under rule 30(3)(a); intermediary v supplier arguments.
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3 July 2023 |
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The applicant’s late referral for adjudication was condoned as being in the interests of justice.
Consumer Protection Act – section 75(1)(b) – late filing of application for leave to refer – Rule 34 condonation – Melane/Van Wyk factors: degree and cause of delay, prospects of success, importance of the matter, interests of justice – defective initial referral remedied upon Tribunal notification.
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3 July 2023 |
| June 2023 |
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Hearing postponed after finding registered‑mail service valid but respondent lacked adequate time to oppose under Tribunal rules.
Civil procedure – Service by registered mail – track-and-trace evidence sufficient to prove notification of registered item; Tribunal rules – answering affidavit period (15 business days) must lapse before unopposed hearing set; Postponement – interests of justice where respondent lacked adequate time and counsel withdrew; National Credit Act – s57 application to cancel credit provider registration
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30 June 2023 |
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Tribunal postponed matter to allow respondent to cure defective filings and file a condonation application.
Postponement — defective filing of opposing papers — condonation for late filing of answering affidavit — parties' duty to monitor Tribunal correspondence — postponement sine die; no order as to costs.
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22 June 2023 |
| May 2023 |
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Hearing adjourned sine die to permit complainant's intervention; no order as to costs.
Consumer Protection Act – referral to Tribunal – complainant alleges defective vehicle and seeks rescission/refund or replacement and administrative penalty. Procedure – intervention – Rule 12 Tribunal Rules – complainant permitted to intervene where direct and substantial interest exists. Procedure – postponement – interests of justice justify adjournment to allow intervention. Costs – discretion guided by s147 National Credit Act; no order as to costs made.
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30 May 2023 |
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Section 115(1) application dismissed for failure to comply with section 111, ADR and timeliness requirements.
National Credit Act – section 115(1) applications – jurisdictional prerequisites: section 111 notice of disputed entries; alternative dispute resolution under Part A Chapter 7 and valid NCR Form 28 certificate; timeliness (section 137(3)) – Tribunal’s remedial limits; issue‑preclusion: res judicata and lis pendens.
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18 May 2023 |
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Tiles were not fit for purpose and supplier made misleading representations; contraventions declared prohibited conduct.
Consumer Protection Act – Goods supplied not reasonably suitable, not of good quality and not durable (s55); False, misleading or deceptive representations by supplier’s agent about product suitability (s41); Implied warranty (s56) inapplicable after six months; Default proceedings where supplier failed to answer; Section 115(2)(b) certificate to pursue civil damages.
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16 May 2023 |
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Postponement of agreed service amounted to unsolicited services; consumer entitled to refund with interest and fine.
Consumer Protection Act – implied condition to perform on agreed date – tender to postpone constitutes unsolicited services. Consumer remedies – cancellation for tendered performance at different time – refund with interest (s 19(2), 19(6)(c), 21(9)). Administrative fines – s 112; factors including nature, loss, behaviour and cooperation. Corporate veil – not pierced absent fraud, dishonesty or unconscionable abuse.
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2 May 2023 |
| March 2023 |
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Consumer entitled to full refund where supplier’s "metal content" exclusion unlawfully defeated CPA rights; R50,000 fine imposed.
Consumer Protection Act – sale of used vehicle – attempts to disclaim statutory rights by stamping invoices “sold as metal content” – implied six‑month warranty (s56) – supplier’s terms defeating CPA (ss48,51) – remedies: refund and administrative fine – prohibited conduct declared under s150(a) NCA.
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31 March 2023 |
| February 2023 |
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Supplier breached s54(1) by failing to repair a vehicle timely and to expected quality; vehicle to be released without fees.
Consumer Protection Act s54(1) – supplier’s obligation to perform services timely and of expected quality; Default proceedings – effect of failure to file answering affidavit and Rule 13(5) deemed admissions; s75(1)(b) referral after NCC non-referral; remedy – release of consumer’s property and exemption from payment for failed repairs.
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24 February 2023 |
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Application for repair remedy dismissed after Tribunal accepted respondent’s evidence that consumer misuse caused engine failure.
Consumer Protection Act s54(1)-(2) – alleged defective repair and remedy; s57 implied warranty and s57(2)(b) misuse/abuse exception; disputes of fact in motion proceedings – application of Plascon‑Evans and related authorities; evidence from vehicle data and opportunity for independent inspection; prescription under s116 (2017 repairs time‑barred).
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13 February 2023 |
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The Tribunal dismissed the appeal because the complaint was time-barred under section 116: cause of action arose in 2018.
Consumer Protection Act – section 116 limitation period – three-year bar to referral; Cause of action – date of receipt of defective goods; Tribunal lacks power to interrupt or extend statutory limitation; High Court precedent binding on Tribunal.
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9 February 2023 |
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Failure to timely file statutory debt-review forms warranted an administrative fine, not deregistration.
National Credit Act – debt counsellor registration – alleged prohibited conduct – failure to submit Forms 17.1/17.2 within prescribed time (Reg 24(2), 24(10)) – unlawful delegation allegations rejected – consumer cooperation and procedural requirements relevant – administrative fine imposed; deregistration refused.
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6 February 2023 |
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Supplier breached statutory duty to repair a defective used vehicle; applicant entitled to a certificate to sue for damages.
Consumer Protection Act – s56(2)(a) supplier’s duty to repair – defective used vehicle – s53 defect definition – consumer not obliged to use paid warranty – refund precluded before s56(3) events (Motus) – prohibited conduct and certificate to sue under s115(2)(b).
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4 February 2023 |
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Condonation refused: matter is res judicata and Tribunal lacks jurisdiction to award claimed consequential damages.
Consumer protection – condonation of late filing – Rule 34 – interests of justice test (Melane) – res judicata where Small Claims Court already ordered return and refund – Tribunal lacks jurisdiction to award consequential damages.
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2 February 2023 |
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Unregistered lender repeatedly granted reckless small loans, retained prohibited consumer instruments, and breached prescribed NCA requirements.
National Credit Act – unregistered credit provider – offering and advertising credit without registration; Affordability assessments – failure to obtain credit bureau reports, bank statements, proof of income, and apply Regulation 23A norms – reckless lending; Prescribed forms – failure to provide Form 20 pre-agreement and Form 20.2 agreement; Unlawful contract terms – penalty service fees; Retention of consumer instruments – contravention of s90 and s133; Relief – declarations of prohibited conduct, setting aside reckless agreements, appointment of auditor, administrative fine.
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1 February 2023 |
| January 2023 |
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Tribunal confirmed consent settlement resolving a CPA compliance notice by requiring specific labelling and release of goods.
Consumer Protection Act – compliance notice (s100) and trade descriptions (s24(5)) – Regulation 6(1) labelling requirements – confirmation of consent agreement as Tribunal order under s150(d) NCA and Rule 20 – conditional release by relabelling.
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23 January 2023 |
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The Tribunal refused the applicant's leave to refer because the complaint was time‑barred under section 116(1)(a).
Consumer Protection Act – leave to refer under s75(1)(b) – discretion to permit direct referral – interaction with s116(1)(a) three‑year time bar; repeated repairs do not toll or extend limitation period.
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18 January 2023 |
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Tribunal lacks jurisdiction to grant s114 interim relief where the complaint has not been referred; application dismissed.
Consumer Protection Act s114 – interim relief – available only where application to a court or complaint has been referred to the Tribunal – leave-to-refer application not a referral in law. Jurisdiction and locus standi – Tribunal lacks jurisdiction to grant s114 relief absent referral. Debt-collection proceedings – Tribunal will not grant interim interdict where jurisdictional referral requirement unmet.
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17 January 2023 |
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Respondent reloaded a prescribed debt and wrongfully reported adverse credit information; Tribunal orders removal of adverse listing.
National Credit Act – credit reporting – prescription and re-activation of debt – unlawful collection – notification before adverse listing (s72(1)(a)) – consumer’s right to challenge and evidentiary obligations (s72(3)) – accuracy and reporting obligations to credit bureaus (Reg 19(3), (4), (5), (6), (8)) – conditions of registration – prohibited conduct – default proceedings.
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12 January 2023 |
| December 2022 |
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An 18‑month delay and an inadequate explanation led to refusal of condonation for late referral to the Tribunal.
National Credit Act / Tribunal Rules – condonation for late referral after NCR non-referral (Item 29, Part 2A; Rule 34). Condonation – discretionary - Melane and Van Wyk tests: degree and cause of delay, explanation, prospects of success, interests of justice. Inordinate delay and inadequate explanation justify refusal. No costs ordered.
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21 December 2022 |
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Applicant failed to prove a material or safety defect in a used vehicle under the CPA; application dismissed, no costs.
Consumer Protection Act – sections 55, 56, 75 – implied warranty of quality and remedies (repair, replace, refund). Definition and proof of 'defect' and 'unsafe' – materiality and objective standard; need for expert/evidentiary proof. Six‑month remedy period under section 56(2) – timing and election of remedies. Relief sought (replacement of used vehicle) and feasibility for second‑hand goods; evidentiary burden on consumer.
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20 December 2022 |
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Application dismissed: s129 notice properly sent via registered mail; applicant failed to prove non-compliance or entitlement to relief.
National Credit Act – s129 notice – service by registered mail to correct post office and issuing of first notification satisfies s129 requirements. Procedure – applicant’s failure to file replying affidavit: unchallenged respondent version applies (Plascon-Evans approach). Jurisdiction – Tribunal may hear s141(1)(b) referrals despite parallel Magistrate’s Court proceedings, but merits must show NCA remedyable facts. Evidence – track-and-trace and sheriff’s return are sufficient to establish dispatch and service for s129 purposes.
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18 December 2022 |
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Applicant lacked locus standi to litigate on behalf of the estate; application dismissed, no order as to costs.
Consumer law – locus standi under s4 CPA; authorised person acting for another; executor’s authority to litigate for estate; statutory and contractual warranties (dealer and parts supplier); procedural refusal of postponement.
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12 December 2022 |
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Claim for refund under s56 CPA dismissed because consumer did not exercise statutory six‑month remedy.
Consumer Protection Act s56 – implied warranty and six‑month remedy; requirement that consumer return goods or direct supplier to repair, replace or refund within six months; fixed statutory period cannot be extended; effect of third‑party repairs/sale on s56 remedy.
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9 December 2022 |
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Applicant failed to prove a material defect in the purchased vehicle; application dismissed, no costs.
Consumer Protection Act — sale of goods — alleged defective motor vehicle — material defect under s53(1)(a) — consumer’s right to safe, good-quality goods under s55 — warranty repairs — interaction with credit agreements (s5(2)(d)) — burden of proof and necessity of independent assessment (MIOSA recommendation) — remedy and limits of Tribunal’s powers.
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6 December 2022 |
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Leave refused: complaint was time‑barred under the NCA’s three‑year limitation, so direct referral denied.
National Credit Act – s141(1)(b) leave to refer – discretionary informal process; s166 – three-year limitation period – complaint time-barred; Tribunal lacks power to extend time.
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5 December 2022 |
| November 2022 |
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Pre‑owned vehicle sold with defects: supplier breached s55(2) and s56(2); refund ordered R96,700.
Consumer protection – implied warranty for goods (s55 & s56 CPA) – right to return defective goods within six months – refund/repair/replace remedies – default proceedings and deemed admissions – prohibited conduct under s150 NCA – Tribunal’s limits (no general damages or criminal findings).
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26 November 2022 |
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Application dismissed: claims barred by res judicata due to prior settlements, court judgment and Tribunal consent order.
Res judicata – debt-rearrangement settlements, consent orders and final court judgments bar re-litigation of the same reckless-lending issues in the Tribunal; Debt review (s86) is the proper mechanism to raise reckless-lending findings; Application of Regulation 23A(11) and agency allegations were raised but not adjudicated due to res judicata.
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24 November 2022 |
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Tribunal finds Regulation 23A(11) requires case‑by‑case assessment; credit providers need not generally verify declared living expenses.
National Credit Act – Affordability assessments – Regulation 23A(10) and 23A(11) – exceptional basis to accept declared minimum expenses below prescribed norms – no general duty to verify consumers’ declared living expenses – reliance on consumer disclosure – reckless lending complaints dismissed.
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17 November 2022 |
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Debt counsellor’s failure to inform and delay in court referral breached registration conditions, constituting prohibited conduct under the NCA.
Debt counselling — Conditions of registration (A2, A3, A9.2) — failure to inform consumer of proposal outcomes and consequences — delay in seeking court re-arrangement — charging fees upfront — prohibited conduct under NCA — remedy: certificate to pursue civil damages.
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4 November 2022 |
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A supplier who sells a defective second‑hand vehicle breaches the CPA; consumer entitled to refund and an administrative fine was imposed.
Consumer Protection Act — implied warranty of quality (s56) — consumer’s right to return defective goods within six months (s55(2), s56(2)) — supplier cannot contract out via "no guarantees" notation or require consumer‑funded diagnostics to avoid statutory remedies — prohibited conduct (s51) — administrative fine imposed for contravention.
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2 November 2022 |
| October 2022 |
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Leave refused: consumer’s application to refer debt‑review complaint was time‑barred under the NCA three‑year limitation.
National Credit Act – section 141(1) leave to refer – prescription under section 166 – three‑year limitation – Tribunal has no power to extend or toll limitation; Rule 13(5) deemed admissions where no answering affidavit; remedy under section 71(3) for clearance certificate.
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29 October 2022 |
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Condonation refused where complaint arose over three years earlier and Tribunal lacks jurisdiction to hear time‑barred referrals.
Consumer Protection Act s116(1)(a) – time-bar on referral of complaints more than three years after cause of complaint; Tribunal Rules r34 – condonation for late filing; Melane factors – degrees of lateness, explanation, prospects of success; High Court authority (FirstRand v Ludick) – Tribunal lacks jurisdiction for >3 year complaints.
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28 October 2022 |
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A non-aligned boot lid did not amount to a CPA defect; the applicant failed to prove prohibited conduct and the application was dismissed.
Consumer Protection Act – Meaning of "defect" (s53) – Objective test whether fault renders goods less acceptable or less useful, practicable or safe – Motus v Wentzel guidance. Goods quality and fitness for purpose – s55, s56 – requirements to show goods not of good quality or unfit for intended purpose. Remedies – s54(2)(b) and s115(2)(b) – entitlement to refund or civil notice contingent on proving prohibited conduct. Standard of proof – balance of probabilities (s117) and need for evidence of reasonable purchaser expectations.
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28 October 2022 |
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Purposive interpretation: trade descriptions may be applied by accompanying documents and importers not automatically liable for exporters’ unlabeled goods.
Consumer Protection Act – section 24 and Regulation 6 – labelling of imported textiles – trade description, country of origin, fibre content and care labelling. Interpretation – purposive/contextual approach to CPA provisions to avoid absurd results (Cool Ideas principles). Trade description – may be applied by commercial documents displayed with or in proximity to goods (s24(1)(b)). Unfinished textile goods – care-labelling obligations and timing; importer’s ability to apply labels before customs release. Importer liability – not automatically liable for exporter’s failure; remedies require proof of prohibited conduct.
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19 October 2022 |
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Interim return of vehicle denied where applicant failed to prove urgency and absence of substantial redress.
National Credit Act s149(1) – interim relief; urgency and absence of substantial redress; interim attachment preserves goods pending final determination; delay defeats urgency; balance of convenience.
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7 October 2022 |
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Tribunal refused leave as the complaint fell outside the NCA’s remedial jurisdiction and lacked reasonable prospects of success.
National Credit Act – s141(1)(b) – leave to refer a complaint directly to the Tribunal – wide discretion with no fixed test. Jurisdiction – Tribunal limited to matters and remedies provided in the NCA; cannot award constitutional damages or decide defamation claims. Credit refusals – s60 permits credit providers to refuse credit on reasonable commercial grounds; Tribunal cannot compel entry into credit agreements. Discrimination – alleged unfair discrimination under PEPUDA should be pursued in equality courts, not before the Tribunal.
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6 October 2022 |
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6 October 2022 |
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Respondent breached the CPA implied warranty by selling a defective, unsafe vehicle; consumer entitled to full refund and vehicle recovery.
Consumer Protection Act – Part H – implied warranty of quality (ss 55, 56) – defects in second‑hand motor vehicle – consumer’s right to return, repair or refund within six months. Supplier obligations – disclosure of prior accident damage and responsibility to deliver safe, good‑quality goods. Alternative dispute resolution – MIOSA recommendations and industry code relevant to supplier’s obligations. Remedy – refund and vehicle recovery where repair is impractical; declaration of prohibited conduct under s150 NCA.
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6 October 2022 |
| September 2022 |
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Three‑year statutory time bar under the CPA precludes Tribunal condonation; application refused.
Consumer Protection Act – section 75(1)(b) leave and Rule 34 condonation – assessment of delay, explanation and prospects – section 116 three‑year limitation bars complaints after three years – Tribunal bound by High Court in First Rand Bank v Ludick; no discretion to extend statutory time‑bar.
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29 September 2022 |
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Tribunal refuses to set aside compliance notice: PDA had reporting and payment non‑compliance; peremption inapplicable.
National Credit Act – s55 compliance notices – whether peremption applies to non‑judicial regulatory compliance notices; sufficiency of detail under s55(3). Payment distribution agents – duties: obligation to distribute fees per guidelines versus power to regulate or prescribe debt counsellor fees. Reporting obligations – requirement to provide accurate reports in the prescribed form; remediation does not nullify original contravention. Regulatory power – query as to whether fee guidelines are binding absent ministerial prescription (s45).
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20 September 2022 |
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Consumer entitled to full refund for defective, improperly installed blinds under the CPA; no administrative fine imposed.
Consumer Protection Act — sections 53, 54, 55 and 56 — defective goods and defective performance of services — entitlement to repair, replacement or refund within six months — supplier obligations for quality and installation of goods; administrative fine not warranted.
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19 September 2022 |
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Tribunal confirmed regulator’s settlement as a consent order for reckless credit practices and agreed remedial measures.
National Credit Act s138(1)(b) and s150 – Tribunal may confirm settlement agreements as consent orders without hearing evidence Consumer credit – failure to conduct affordability assessments; reckless credit agreements; statutory reporting non‑compliance Remedies – audit of agreements, removal of adverse listings, rescission/abandonment of judgments, refunds of cost of credit, administrative fine Procedural – confirmation of consent agreements as Tribunal orders
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13 September 2022 |
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Used vehicle sold with latent defects: supplier liable under sections 55–56 CPA; refund of purchase price ordered.
Consumer Protection Act – Part H (sections 53, 55, 56) – Implied warranty of quality – Used motor vehicle sold with latent/manifest defects – Supplier liability versus intermediary/agent – Remedy of repair, replacement or refund within six months – Refund ordered where vehicle defective and supplier refused relief.
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12 September 2022 |
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Tribunal refused leave to refer a reckless‑lending complaint as it lacked evidence and was time‑barred under s166(1) NCA.
Consumer credit – leave to refer under s141(1) NCA – Tribunal’s discretionary consideration of complaints following NCR non-referral. Consumer credit – reckless lending – requirement to prove new credit agreement or unlawful increase versus ongoing facility. Procedure – limitation of actions – s166(1) NCA three‑year prescription; Tribunal has no power to extend or interrupt time bar.
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12 September 2022 |
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Respondent repeatedly failed affordability assessments, engaged in reckless lending; registration cancelled and sampled agreements set aside.
National Credit Act – Regulation 23A – affordability assessments – failure to obtain credit bureau reports, verify income and living expenses – reckless lending (sections 81(3), 80(1)(a) and 80(1)(b)(ii)) – cancellation of registration – splitting of loans not per se prohibited – appointment of auditor and remedial consumer relief.
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7 September 2022 |
| August 2022 |
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The applicant's referral was dismissed as time-barred under s116 CPA; evidence was also insufficient to establish contraventions.
Consumer Protection Act – section 116 – three-year limitation on referring complaints to the Tribunal – time-bar applies strictly and cannot be extended. Consumer Protection Act – section 73(2)(b) – referral to Tribunal following investigation. Consumer Protection Act – section 65 – supplier duty to hold and account for consumer property. Consumer Protection Act – section 15 – pre-authorisation requirement for repair services and estimates. Civil procedure – service and default proceedings – defective service and consideration on a default basis. Binding precedent – High Court authority constraining Tribunal’s power to extend limitation periods.
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16 August 2022 |
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Leave to refer was refused because the consumer's claim prescribed under section 116 of the Consumer Protection Act.
Consumer Protection Act – section 75(1)(b) – leave to refer to Tribunal; Limitation – section 116 – three-year prescription bar to bringing complaints; Tribunal discretion in direct referrals; Effect of High Court authority that Tribunal cannot interrupt prescription.
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2 August 2022 |
| July 2022 |
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Tribunal dismissed refund claim: a repairable tipping-valve fault did not amount to a statutory defect justifying refund or replacement.
Consumer Protection Act – sections 20, 53, 55, 56 – when a fault constitutes a statutory "defect" warranting refund or replacement; Motion proceedings – disputes of fact on affidavits – Plascon-Evans rule; Jurisdiction/locus standi – purchaser entity vs individual consumer (abandoned on hearing).
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25 July 2022 |