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South Africa Judgment

South Gauteng High Court, Johannesburg

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

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Research organized from the available case record

Source document

01

Holding and result

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.

02

Material facts

Parties

Frandsen Frank Harold

Applicant Counsel: U Jordaan

The Road Accident Fund

Respondent Counsel: N Moyo

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contended that the court erred in dismissing his claim for damages arising from the motor cycle accident and that there are reasonable prospects that another court may reach a different conclusion. He relied on grounds set out in his notice of application for leave to appeal and submitted that the factual and legal findings warrant reconsideration.
Respondent
The respondent opposed the application, arguing that the judgment was correct and that there are no reasonable prospects of success on appeal. The respondent maintained that the applicant failed to demonstrate any misdirection or error in the court's reasoning and that no compelling reasons exist to grant leave to appeal.

05

Court’s reasoning

  1. 01

    Section 17 of the Superior Courts Act

    Leave to appeal may be granted only if the judge is of the opinion that there are reasonable prospects of success or other compelling reasons.

  2. 02

    S v Smith 2012 (1) SACR 567 (SCA)

    The test for leave to appeal is whether another court could reasonably arrive at a different conclusion.

06

Ratio, limits and disposition

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.

Obiter and limits

  • The general approach to applications for leave to appeal is well established and must be strictly applied to ensure judicial efficiency.
  • The costs of the application are to be determined in the appeal proceedings.

Court disposition

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

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

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

South Gauteng High Court, Johannesburg

Judgment

[2024] ZAGPJHC 442

IN THE HIGH

COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

Case Number: 2018/85633

1. Reportable: No

2. Of interest to other judges: No

3. Revised: No

6 May 2024

In the matter between:

FRANDSEN

FRANK HAROLD

Applicant

and

THE

ROAD ACCIDENT

FUND

Respondent

This Judgment was handed down electronically by circulation to the parties/their legal representatives by email and by uploading to the electronic file on Case Lines. The date for hand-down is deemed to be 06 May 2024.

JUDGMENT:

LEAVE TO APPEAL

Molahlehi J,

[1] This is an application for leave to appeal against the judgment made by this court on 27 October 2023 in terms of which the applicant’s

claim for damages arising from a motor cycle accident which occurred on 29 January 2017 was dismissed. The respondent opposed the

application.

[2] The general approach when dealing with the application for leave to appeal is now well established in our law. The test to be applied is provided for in section 17 of the Superior Courts Act requires that leave to appeal may be granted only where a judge is of the opinion that there are reasonable prospects of success on appeal or that there are some other compelling reasons why leave to appeal should be granted.

[3] In considering the grounds of appeal, the submissions made by both parties and the judgment of this court I am of the view that there are reasonable prospects that the appeal court may arrive at a different conclusion than that of this court. I accordingly find that the application for leave to appeal stands to succeed.

Order

[4] In the circumstances, I make the following order:

1. The applicant is granted leave to appeal to the full bench of third Division with the costs to be in the appeal.

Molahlehi J

Judge of the High Court of South Africa

Appearances

For the Plaintiff: U Jordaan

Instructed by: Leon JJ Van Rensburg Attorneys

For the Defendant: N Moyo

Instructed by: State Attorneys

Hearing date: 15 April 2024

Delivered:

06 May 2024

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

S v Smith 2012 (1) SACR 567 (SCA)

Case cited

Superior Courts Act

Legislation

Legislation referenced in the available case record.

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