Coughlan N.O. v Road Accident Fund (977/08) [2013] ZAWCHC 212 (6 June 2013)

Coughlan N.O. v Road Accident Fund (977/08) [2013] ZAWCHC 212 (6 June 2013)

The court found that foster care grants are paid to foster parents to enable them to comply with their obligations to the child, and the child has no direct claim to the grant. The grant is not automatically triggered by the death of the breadwinner but rather by the need for care, which may exist independently of the death. The foster care grant is distinct from a child support grant, both in its purpose and administration. The foster care grant lapses upon the death of the foster parent, not the child, and is not paid directly to the child. The court held that, in the circumstances of this case, the foster care grant is a collateral benefit (res inter alios acta) and should not be...

Citation
[2013] ZAWCHC 212
Parties
Plaintiff: Wayne Coughlan N.O.; Defendant: Road Accident Fund
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
6 June 2013
Case Number
977/08
Procedural Posture
Civil Trial / Judgment Delivered After Hearing on Deductibility of Foster Grants From Damages for Loss of Support
Outcome
The court held that foster care grants are res inter alios acta and are not deductible from damages for loss of support. The defendant is ordered to pay the proven damages to the plaintiff and the costs of the application.
Judges
Henney
Legal Topics
Loss of Support, Foster Care Grant, Res Inter Alios Acta, Assessment of Damages, Social Assistance Act, Road Accident Fund Liability
Civil Procedure Delict Family and Children Loss of Support Foster Care Grant Res Inter Alios Acta Assessment of Damages Social Assistance Act +1 more

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Parties

Wayne Coughlan N.O.

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment Delivered After Hearing on Deductibility of Foster Grants From Damages for Loss of Support

Legal Issues

  1. 1 Whether foster care grant payments received by foster parents should be deducted from damages awarded for loss of support following the death of a breadwinner.
  2. 2 Whether such foster grants constitute res inter alios acta and are therefore non-deductible from patrimonial damages.

Ratio Decidendi

The court found that foster care grants are paid to foster parents to enable them to comply with their obligations to the child, and the child has no direct claim to the grant. The grant is not automatically triggered by the death of the breadwinner but rather by the need for care, which may exist independently of the death. The foster care grant is distinct from a child support grant, both in its purpose and administration. The foster care grant lapses upon the death of the foster parent, not the child, and is not paid directly to the child. The court held that, in the circumstances of this case, the foster care grant is a collateral benefit (res inter alios acta) and should not be...

Court Disposition

The court held that foster care grants are res inter alios acta and are not deductible from damages for loss of support. The defendant is ordered to pay the proven damages to the plaintiff and the costs of the application.

Orders

  • It is ordered that the child foster grants are res inter alios acta.
  • The defendant is ordered to pay the proven damages to the plaintiff.