Foster and Another v Member of the Executive Committee, Education, North West Province and Others (18952/2007) [2020] ZAGPPHC 609 (22 October 2020)

Foster and Another v Member of the Executive Committee, Education, North West Province and Others (18952/2007) [2020] ZAGPPHC 609 (22 October 2020)

The court found that, due to the variation of the order, most grounds for leave to appeal fell away and had no reasonable prospects of success. The neurosurgeons' agreement made it common cause that the removal from the field aggravated the injury, and the quantum of damages could be determined at the quantum hearing. The only issue warranting leave to appeal was the second plaintiff's claim, which was not addressed in the judgment, and only a court of appeal could correct this omission. Leave to appeal was granted solely on this ground; all other grounds were dismissed.

Citation
[2020] ZAGPPHC 609
Parties
Plaintiff: Izak Boshoff Foster; Plaintiff: Guillaume Henri Boshoff Foster; Defendant: Member of the Executive Committee, Education, North West Province; Defendant: The Leopard Rugby Union; Defendant: KOSH Sport & Trauma Services
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 October 2020
Case Number
18952/2007
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Variation of Order
Outcome
Leave to appeal granted only in respect of the second plaintiff's claims not addressed in the judgment; all other grounds for leave to appeal dismissed.
Judges
S. Potterill
Legal Topics
Leave to Appeal Threshold, Variation of Court Order, Medical Negligence, Quantum of Damages
Civil Procedure Delict Leave to Appeal Threshold Variation of Court Order Medical Negligence Quantum of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Izak Boshoff Foster

Plaintiff

Guillaume Henri Boshoff Foster

Plaintiff

Member of the Executive Committee, Education, North West Province

Defendant

The Leopard Rugby Union

Defendant

KOSH Sport & Trauma Services

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Variation of Order

Legal Issues

  1. 1 Whether leave to appeal should be granted in respect of the second plaintiff's claims not addressed in the judgment.
  2. 2 Whether the variation of the order under Uniform Rule 42 was correctly granted.
  3. 3 Whether there are reasonable prospects of success on the grounds raised by the first defendant.

Ratio Decidendi

The court found that, due to the variation of the order, most grounds for leave to appeal fell away and had no reasonable prospects of success. The neurosurgeons' agreement made it common cause that the removal from the field aggravated the injury, and the quantum of damages could be determined at the quantum hearing. The only issue warranting leave to appeal was the second plaintiff's claim, which was not addressed in the judgment, and only a court of appeal could correct this omission. Leave to appeal was granted solely on this ground; all other grounds were dismissed.

Court Disposition

Leave to appeal granted only in respect of the second plaintiff's claims not addressed in the judgment; all other grounds for leave to appeal dismissed.

Orders

  • Leave to appeal is granted on paragraph 2.2 of the application for leave to appeal (second plaintiff's claims).
  • Leave to appeal on all other grounds is dismissed.