Frandsen v Road Accident Fund (2018/85633) [2024] ZAGPJHC 442 (6 May 2024)

Frandsen v Road Accident Fund (2018/85633) [2024] ZAGPJHC 442 (6 May 2024)

The court found that, upon consideration of the grounds of appeal, the parties' submissions, and the previous judgment, there are reasonable prospects that the appeal court may reach a different conclusion regarding the dismissal of the applicant's damages claim. Accordingly, the application for leave to appeal was granted.

Citation
[2024] ZAGPJHC 442
Parties
Applicant: Frandsen Frank Harold; Respondent: The Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 May 2024
Case Number
2018/85633
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Damages Claim
Outcome
Leave to appeal granted to the full bench; costs to be in the appeal.
Judges
Molahlehi
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Motor Vehicle Accident, Damages Claim
Civil Procedure Delict Leave to Appeal Reasonable Prospects of Success Motor Vehicle Accident Damages Claim

Case Brief

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Parties

Frandsen Frank Harold

Applicant

The Road Accident Fund

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the dismissal of his damages claim.
  2. 2 Whether there are compelling reasons to grant leave to appeal under section 17 of the Superior Courts Act.

Ratio Decidendi

The court found that, upon consideration of the grounds of appeal, the parties' submissions, and the previous judgment, there are reasonable prospects that the appeal court may reach a different conclusion regarding the dismissal of the applicant's damages claim. Accordingly, the application for leave to appeal was granted.

Court Disposition

Leave to appeal granted to the full bench; costs to be in the appeal.

Orders

  • The applicant is granted leave to appeal to the full bench of the Division.
  • Costs are to be determined in the appeal.