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AI summary
The Constitutional Court considered whether liquidators who were absent when oral argument was heard before the National Consumer Tribunal could still be treated as participants in that hearing for purposes of section 148(2)(b) of the National Credit Act. It found that the appeal was to be dismissed and that the remedy lay in rescission under section 165.
This appears to concern appeals from the National Consumer Tribunal under the National Credit Act and the meaning of “participant in a hearing”.
Evidence from source
The key issue in this application is whether the liquidators, despite their physical absence on the day of the final Tribunal hearing, being the day on which the parties were to appear before the Tribunal, may be considered to have been “a
Supports: Plain summary sentence 1
The Supreme Court of Appeal held that “a participant”, as used in section 148(2)(b) of the NCA, denoted physical participation in the hearing, either personally or through a legal representative.
Supports: Plain summary sentence 1