D'Ambrosi v Bane and Others (10179/02 , 10179/2002) [2006] ZAWCHC 27; 2006 (5) SA 121 (C); [2007] 1 All SA 570 (C) (15 June 2006)

D'Ambrosi v Bane and Others (10179/02 , 10179/2002) [2006] ZAWCHC 27; 2006 (5) SA 121 (C); [2007] 1 All SA 570 (C) (15 June 2006)

The court held that the cost of living differential between Johannesburg and London should not be considered in assessing the plaintiff's claim for loss of earnings or earning capacity. The principle of currency nominalism applies, and any speculative savings in living expenses are too uncertain and hypothetical to constitute an actual benefit. The plaintiff is entitled to be placed in the position he would have been in but for the injury, without adjustment for cost of living. Regarding medical aid scheme benefits, the court found that such benefits are in substance a form of indemnity insurance and are res inter alios acta. Therefore, they are not deductible from the plaintiff's claim...

Citation
[2006] ZAWCHC 27
Parties
Plaintiff: Marco D'Ambrosi; Defendant: Dr Roy Bane; Defendant: Dr K Michalowski; Defendant: Dr Hayhurst; Defendant: Dr Bowden; Defendant: Drs Morton and Partners
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 June 2006
Case Number
10179/2002
Procedural Posture
Civil Trial / Determination of Stated Case on Quantum Issues Under Rule 33(4)
Outcome
Judgment for the plaintiff on both stated issues; cost of living differential and medical aid scheme benefits are not deductible.
Judges
Van Zyl
Legal Topics
Medical Negligence, Loss of Earnings, Cost of Living Differential, Medical Aid Scheme Benefits, Quantification of Damages, Collateral Benefits
Delict Medical Negligence Loss of Earnings Cost of Living Differential Medical Aid Scheme Benefits Quantification of Damages Collateral Benefits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Marco D'Ambrosi

Plaintiff

Dr Roy Bane

Defendant

Dr K Michalowski

Defendant

Dr Hayhurst

Defendant

Dr Bowden

Defendant

Drs Morton and Partners

Defendant

Procedural Posture

Civil Trial / Determination of Stated Case on Quantum Issues Under Rule 33(4)

Legal Issues

  1. 1 Should the cost of living differential between Johannesburg and London be considered in assessing the plaintiff's claim for past and future loss of earnings or earning capacity?
  2. 2 Are medical aid scheme benefits received or to be received by the plaintiff deductible in determining his claim for past and future hospital and medical expenses?

Ratio Decidendi

The court held that the cost of living differential between Johannesburg and London should not be considered in assessing the plaintiff's claim for loss of earnings or earning capacity. The principle of currency nominalism applies, and any speculative savings in living expenses are too uncertain and hypothetical to constitute an actual benefit. The plaintiff is entitled to be placed in the position he would have been in but for the injury, without adjustment for cost of living. Regarding medical aid scheme benefits, the court found that such benefits are in substance a form of indemnity insurance and are res inter alios acta. Therefore, they are not deductible from the plaintiff's claim...

Court Disposition

Judgment for the plaintiff on both stated issues; cost of living differential and medical aid scheme benefits are not deductible.

Orders

  • The cost of living differential between Johannesburg and London is not to be taken into account in assessing the plaintiff's claim for past and future loss of earnings or earning capacity.
  • Medical aid scheme benefits received or to be received by the plaintiff are not deductible in determining his claim for past and future hospital and medical expenses.