De Vries NO and Others v Road Accident Fund (1687/2007) [2011] ZAWCHC 215 (6 May 2011)

De Vries NO and Others v Road Accident Fund (1687/2007) [2011] ZAWCHC 215 (6 May 2011)

The court found that the plaintiffs failed to establish an actual pecuniary loss in the form of loss of support resulting from the death of their parents. The evidence showed that the plaintiffs' maintenance needs, both past and future, had been fully met by the income generated from the sizeable non-insurance assets in the deceaseds' estates, prudently invested and managed by the testamentary trust. The actuarial model advanced by the plaintiffs was rejected as it did not properly account for the accelerated benefits received and the substantial inheritance to devolve upon the plaintiffs. The standard formula for division of breadwinner's earnings was found inapplicable in the...

Citation
[2011] ZAWCHC 215
Parties
Plaintiff: Jaco Daniel De Vries N.O.; Plaintiff: Petrus Geyser MacDonald; Plaintiff: Sume MacDonald; Defendant: Road Accident Fund
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
6 May 2011
Case Number
1687/2007
Procedural Posture
Civil Trial / Final Judgment
Outcome
Absolution from the instance with costs, including costs of two counsel.
Judges
Bozalek
Legal Topics
Loss of Support, Assessment of Damages Act, Accelerated Benefits, Quantification of Damages, Wrongful Death
Delict Civil Procedure Loss of Support Assessment of Damages Act Accelerated Benefits Quantification of Damages Wrongful Death

Case Brief

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Parties

Jaco Daniel De Vries N.O.

Plaintiff

Petrus Geyser MacDonald

Plaintiff

Sume MacDonald

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiffs suffered an actual pecuniary loss in the form of loss of support as a result of the death of their parents.
  2. 2 To what extent, if any, must the plaintiffs' claim for loss of support be reduced by accelerated benefits received from the deceaseds' estates and testamentary trust.
  3. 3 How should the projected earnings of the deceased be calculated for purposes of quantifying the claim.

Ratio Decidendi

The court found that the plaintiffs failed to establish an actual pecuniary loss in the form of loss of support resulting from the death of their parents. The evidence showed that the plaintiffs' maintenance needs, both past and future, had been fully met by the income generated from the sizeable non-insurance assets in the deceaseds' estates, prudently invested and managed by the testamentary trust. The actuarial model advanced by the plaintiffs was rejected as it did not properly account for the accelerated benefits received and the substantial inheritance to devolve upon the plaintiffs. The standard formula for division of breadwinner's earnings was found inapplicable in the...

Court Disposition

Absolution from the instance with costs, including costs of two counsel.

Orders

  • The plaintiffs' claims are dismissed.
  • Costs are awarded to the defendant, including costs of two counsel.