Du Plessis v Road Accident Fund (3645/2016) [2018] ZAECPEHC 48 (21 August 2018)

Du Plessis v Road Accident Fund (3645/2016) [2018] ZAECPEHC 48 (21 August 2018)

The court found that the assessment of inherent probabilities and improbabilities in the evidence allows for reasonable differences of opinion, especially where neither witness was particularly credible and no definitive basis existed to impeach either's credibility except on the ground of probability. The plaintiff did not discharge the burden of proving negligence by the insured driver. However, the court held that it is sufficient for leave to appeal if there exists a reasonable possibility that another court would find the insured driver negligent to some degree. The court was satisfied that such a reasonable possibility exists and therefore granted leave to appeal to the Full Court...

Citation
[2018] ZAECPEHC 48
Parties
Plaintiff: Phillipus Arnoldus Du Plessis; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
21 August 2018
Case Number
3645/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Claim
Outcome
Leave to appeal granted to the Full Court of the Division.
Judges
G G Goosen
Legal Topics
Leave to Appeal, Assessment of Probabilities, Negligence, Burden of Proof
Civil Procedure Delict Leave to Appeal Assessment of Probabilities Negligence Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Phillipus Arnoldus Du Plessis

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Claim

Legal Issues

  1. 1 Whether the court erred in its assessment of the probabilities between the plaintiff's and insured driver's versions.
  2. 2 Whether the court failed to make a credibility finding regarding the plaintiff's evidence.
  3. 3 Whether there is a reasonable possibility that another court would find for the plaintiff on the issue of negligence.

Ratio Decidendi

The court found that the assessment of inherent probabilities and improbabilities in the evidence allows for reasonable differences of opinion, especially where neither witness was particularly credible and no definitive basis existed to impeach either's credibility except on the ground of probability. The plaintiff did not discharge the burden of proving negligence by the insured driver. However, the court held that it is sufficient for leave to appeal if there exists a reasonable possibility that another court would find the insured driver negligent to some degree. The court was satisfied that such a reasonable possibility exists and therefore granted leave to appeal to the Full Court...

Court Disposition

Leave to appeal granted to the Full Court of the Division.

Orders

  • The plaintiff is granted leave to appeal to the Full Court of this Division.
  • The costs of the application shall be costs in the appeal.