Badrschneider v Road Accident Fund (34198/2015) [2020] ZAGPJHC 123 (13 May 2020)

Badrschneider v Road Accident Fund (34198/2015) [2020] ZAGPJHC 123 (13 May 2020)

The court found that the plaintiff retained locus standi to pursue the claim, as the cession of rights occurred after litis contestatio and the cessionary had not been substituted. The plaintiff succeeded only in respect of the Rand-denominated medical expenses admitted by the defendant, as she failed to prove the Euro-denominated expenses for medical repatriation. The vouchers and schedules relied upon by the plaintiff were not properly proved, and the expert evidence was disregarded as it was based on hearsay and unproven facts. The plaintiff was forewarned of the need to prove her expenses but failed to do so by any admissible means, including affidavit or video conferencing. The court...

Citation
[2020] ZAGPJHC 123
Parties
Plaintiff: Stefanie Badrschneider; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 May 2020
Case Number
34198/2015
Procedural Posture
Civil Trial / Judgment After Trial on Quantum of Damages
Outcome
Plaintiff succeeds only in respect of the admitted Rand-denominated medical expenses; claim for Euro-denominated expenses is dismissed; no order as to costs.
Judges
Bester
Legal Topics
Locus Standi, Quantum of Damages, Proof of Documents, Hearsay Evidence, Medical Expenses, Interest on Judgment Debt
Civil Procedure Delict Locus Standi Quantum of Damages Proof of Documents Hearsay Evidence Medical Expenses Interest on Judgment Debt

Case Brief

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Parties

Stefanie Badrschneider

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Quantum of Damages

Legal Issues

  1. 1 Whether the plaintiff retained locus standi to pursue the claim after cession of rights post litis contestatio.
  2. 2 Whether the plaintiff proved her claim for medical repatriation expenses incurred in Euro.
  3. 3 Whether the vouchers and schedules relied upon by the plaintiff were properly proved as evidence.

Ratio Decidendi

The court found that the plaintiff retained locus standi to pursue the claim, as the cession of rights occurred after litis contestatio and the cessionary had not been substituted. The plaintiff succeeded only in respect of the Rand-denominated medical expenses admitted by the defendant, as she failed to prove the Euro-denominated expenses for medical repatriation. The vouchers and schedules relied upon by the plaintiff were not properly proved, and the expert evidence was disregarded as it was based on hearsay and unproven facts. The plaintiff was forewarned of the need to prove her expenses but failed to do so by any admissible means, including affidavit or video conferencing. The court...

Court Disposition

Plaintiff succeeds only in respect of the admitted Rand-denominated medical expenses; claim for Euro-denominated expenses is dismissed; no order as to costs.

Orders

  • Judgment is granted in favour of the plaintiff for the payment of R47 925.02.
  • The above amount shall bear interest at the rate of 9% per annum, calculated from 14 days after date of this judgment.