R699 class action verdict
22 August 2014
Judgement was handed down yesterday in the matter of JA Bartosch vs Standard Bank of South Africa Ltd and others (the R699 car finance scheme class action). The court found in favour of the respondents, finding that the applicants failed to meet any of the requirements for the certification of a class. Although Chetty J, who presided over the matter in the Eastern Cape High Court, mentions at the outset of his judgment that the applicant failed to satisfy all the requirements for certification, the main reason appears to be that the applicant failed to show on the papers that there was a prima facie valid cause of action. The judgment emphasises that even though one only needs to show a prima facie case in order to satisfy this requirement, this requirement should not be taken too lightly. The judge highlights that reliance on assumptions and submissions, and not fact, would not be sufficient.
If you require a copy of the judgment or have any queries regarding this issue, please contact Deon Francis or Reshana Pillay.