Grobler v Road Accident Fund (20711/2017) [2019] ZAGPPHC 317 (22 July 2019)

Grobler v Road Accident Fund (20711/2017) [2019] ZAGPPHC 317 (22 July 2019)

The court held that the period of dependency for the plaintiff's claim for loss of support is limited to the date when she would have become self-supporting, namely December 2020. The voluntary assumption of support by the deceased suffices to ground a duty of support for the relevant period. Any loss suffered by the plaintiff beyond December 2020, resulting from delayed entry into the workforce, constitutes a loss of income and not loss of support, and is not recoverable under the present claim. The quantum of the plaintiff's claim for loss of support must be assessed on the basis that she would have been supported by her mother until 31 December 2020. Costs are awarded to the plaintiff...

Citation
[2019] ZAGPPHC 317
Parties
Plaintiff: Juane Grobler; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 July 2019
Case Number
20711/2017
Procedural Posture
Civil Trial / Separation of Issues; Partial Determination of Period of Dependency; Consolidation and Postponement of Remainder
Outcome
The period of dependency for the plaintiff's claim for loss of support is determined to end on 31 December 2020. The remainder of the issues is postponed. The matters are consolidated. Costs are awarded to the plaintiff up to the date of judgment.
Judges
A Vorster
Legal Topics
Loss of Support, Duty of Support, Quantum of Damages, Consolidation of Actions, Dependency Period
Civil Procedure Delict Family and Children Loss of Support Duty of Support Quantum of Damages Consolidation of Actions Dependency Period

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Parties

Juane Grobler

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Separation of Issues; Partial Determination of Period of Dependency; Consolidation and Postponement of Remainder

Legal Issues

  1. 1 What is the appropriate period of dependency for the plaintiff's claim for loss of support following the death of her mother.
  2. 2 Does a voluntary assumption of support by the deceased suffice to ground a duty of support for purposes of a loss of support claim.
  3. 3 Can the plaintiff's claim for loss of support be extended to cover the period until she becomes self-supporting in December 2022, or is it limited to December 2020.

Ratio Decidendi

The court held that the period of dependency for the plaintiff's claim for loss of support is limited to the date when she would have become self-supporting, namely December 2020. The voluntary assumption of support by the deceased suffices to ground a duty of support for the relevant period. Any loss suffered by the plaintiff beyond December 2020, resulting from delayed entry into the workforce, constitutes a loss of income and not loss of support, and is not recoverable under the present claim. The quantum of the plaintiff's claim for loss of support must be assessed on the basis that she would have been supported by her mother until 31 December 2020. Costs are awarded to the plaintiff...

Court Disposition

The period of dependency for the plaintiff's claim for loss of support is determined to end on 31 December 2020. The remainder of the issues is postponed. The matters are consolidated. Costs are awarded to the plaintiff up to the date of judgment.

Orders

  • Determination of the period of dependency for the plaintiff's loss of support claim is separated from other issues.
  • This matter and the related matters (case numbers 20710/2017, 20708/2017, 20709/2017) are consolidated under case number 20710/2017.