Grove v Road Accident Fund and Another (36786/06) [2017] ZAGPPHC 757 (28 November 2017)

Grove v Road Accident Fund and Another (36786/06) [2017] ZAGPPHC 757 (28 November 2017)

The court held that the plaintiff's claim was not finally determined by judgment prior to the commencement of the Road Accident Fund (Transitional Provisions) Act, No. 15 of 2012. The judgment of 11 June 2009 only resolved liability, not quantum, and thus did not constitute a final determination of the claim. The separation of issues resulted in a final order on liability but left the quantification of damages outstanding. As a result, the claim falls within the ambit of RAFTPA, and the special plea of res judicata by the first defendant fails. The plaintiff's claim must be adjudicated under the transitional provisions, and the issue of quantum remains to be decided.

Citation
[2017] ZAGPPHC 757
Parties
Plaintiff: Jacqueline Madelein Grove; Defendant: Road Accident Fund; Defendant: Lennard Koopman
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 November 2017
Case Number
36786/06
Procedural Posture
Civil Trial / Stated Case; Determination of Special Pleas and Applicability of Transitional Legislation
Outcome
Special pleas by the first defendant are dismissed. Plaintiff's claim is to be dealt with under the Road Accident Fund (Transitional Provisions) Act, No. 15 of 2012. Costs awarded to plaintiff.
Judges
E Van der Schyff
Legal Topics
Road Accident Fund Act, Transitional Provisions Act, Res Judicata, Quantification of Damages, Separation of Issues
Civil Procedure Delict Road Accident Fund Act Transitional Provisions Act Res Judicata Quantification of Damages Separation of Issues

Case Brief

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Parties

Jacqueline Madelein Grove

Plaintiff

Road Accident Fund

Defendant

Lennard Koopman

Defendant

Procedural Posture

Civil Trial / Stated Case; Determination of Special Pleas and Applicability of Transitional Legislation

Legal Issues

  1. 1 Whether the plaintiff's claim was finally determined by judgment before the Road Accident Fund (Transitional Provisions) Act, No. 15 of 2012 commenced.
  2. 2 Whether the special plea of res judicata by the first defendant succeeds.
  3. 3 Whether the plaintiff's claim falls to be dealt with under the transitional provisions of the Road Accident Fund legislation.

Ratio Decidendi

The court held that the plaintiff's claim was not finally determined by judgment prior to the commencement of the Road Accident Fund (Transitional Provisions) Act, No. 15 of 2012. The judgment of 11 June 2009 only resolved liability, not quantum, and thus did not constitute a final determination of the claim. The separation of issues resulted in a final order on liability but left the quantification of damages outstanding. As a result, the claim falls within the ambit of RAFTPA, and the special plea of res judicata by the first defendant fails. The plaintiff's claim must be adjudicated under the transitional provisions, and the issue of quantum remains to be decided.

Court Disposition

Special pleas by the first defendant are dismissed. Plaintiff's claim is to be dealt with under the Road Accident Fund (Transitional Provisions) Act, No. 15 of 2012. Costs awarded to plaintiff.

Orders

  • First Defendant's first and second special pleas are dismissed.
  • It is declared that Plaintiff's claim falls to be dealt with as a claim for compensation envisaged in section 2 of the Road Accident Fund (Transitional Provisions) Act, No. 15 of 2012.