The High Court considered an application for leave to appeal in a matter involving the National Consumer Commission and Sandown Motor Holdings. It referred to a prior statutory appeal, the Tribunal's jurisdiction, and the Supreme Court of Appeal judgment in National Credit Regulator v First Rand Investment Holdings. The court granted leave to appeal to the SCA and ordered that the costs of the application be costs in the appeal.
This appears to concern Tribunal jurisdiction issues and leave to appeal in consumer protection proceedings.
Evidence from source
The applicant for leave to appeal was a respondent in a statutory appeal in which we found that the Tribunal lacked jurisdiction in terms of section 116(1)(b)(i) of the Consumer Protection Act (the CPA).
Supports: The matter concerns Tribunal jurisdiction and the leave to appeal application.
Despite the aforesaid and in light of the NCR matter of the SCA, leave to appeal is granted in the matter.
Supports: The court granted leave to appeal.
1. Leave to appeal to the SCA is granted; 2. The costs of the application for leave to appeal will be costs in the appeal.
Supports: The final order granted leave and dealt with costs.