G N v Road Accident Fund (13/30599) [2018] ZAGPJHC 702 (5 December 2018)

G N v Road Accident Fund (13/30599) [2018] ZAGPJHC 702 (5 December 2018)

The court corrected a calculation error in the original order, reducing the sum payable by the defendant to R5 655 412.25. The damages comprise future loss of earnings, general damages, and past loss of earnings, less an interim payment. The amount is to be paid into the plaintiff's attorneys' trust account and held in an interest-bearing account pending the formation of a trust for the plaintiff's benefit. The trust must be established in accordance with the Trust Property Control Act, with specific provisions to protect the plaintiff's interests. The defendant is required to pay interest a tempora mora and the plaintiff's party and party costs, including costs related to expert...

Citation
[2018] ZAGPJHC 702
Parties
Plaintiff: G N; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 December 2018
Case Number
13/30599
Procedural Posture
Delictual Claim / Final Order After Trial
Outcome
Order granted correcting the quantum of damages and setting out detailed provisions for payment, trust creation, interest, and costs.
Judges
I Opperman
Legal Topics
Road Accident Fund Act, Quantification of Damages, Trust Creation for Incapacitated Person, Party and Party Costs, Interest a Tempora Mora
Delict Civil Procedure Road Accident Fund Act Quantification of Damages Trust Creation for Incapacitated Person Party and Party Costs Interest a Tempora Mora

Case Brief

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Parties

G N

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Delictual Claim / Final Order After Trial

Legal Issues

  1. 1 What is the correct quantum of damages payable to the plaintiff for injuries sustained in a motor vehicle collision.
  2. 2 Should the damages be administered through a trust for the plaintiff's benefit.
  3. 3 What costs and interest are payable by the defendant, including the costs of trust creation and administration.

Ratio Decidendi

The court corrected a calculation error in the original order, reducing the sum payable by the defendant to R5 655 412.25. The damages comprise future loss of earnings, general damages, and past loss of earnings, less an interim payment. The amount is to be paid into the plaintiff's attorneys' trust account and held in an interest-bearing account pending the formation of a trust for the plaintiff's benefit. The trust must be established in accordance with the Trust Property Control Act, with specific provisions to protect the plaintiff's interests. The defendant is required to pay interest a tempora mora and the plaintiff's party and party costs, including costs related to expert...

Court Disposition

Order granted correcting the quantum of damages and setting out detailed provisions for payment, trust creation, interest, and costs.

Orders

  • The defendant is ordered to pay the sum of R5 655 412.25 to the plaintiff, arising from delictual damages sustained in a motor vehicle collision.
  • The amount shall be payable within 14 days and paid into the plaintiff’s attorneys’ trust account.