Kriel N.O obo Minor Child v Road Accident Fund (Leave to Appeal) (12291/2020) [2025] ZAGPJHC 82 (31 January 2025)

Kriel N.O obo Minor Child v Road Accident Fund (Leave to Appeal) (12291/2020) [2025] ZAGPJHC 82 (31 January 2025)

The court found that the applicant failed to meet the statutory threshold for leave to appeal under section 17(1)(a)(i) of the Superior Courts Act. The evidence, including expert opinions and school reports, did not establish that the minor child was rendered unemployable as a result of the accident. The minor child continued to perform above the grade average, with no deterioration in academic performance. The applicant did not provide proof of the respondent's offer regarding general damages, and the court deferred the claim for general damages to the HPCSA for determination. No new grounds were raised in the application for leave to appeal, and the court was not persuaded that another...

Citation
[2025] ZAGPJHC 82
Parties
Applicant: Advocate Herman Kriel N.O. obo Minor Child; Respondent: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
31 January 2025
Case Number
12291/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court or Supreme Court of Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
Allen AJ
Legal Topics
Leave to Appeal, Future Loss of Earnings, General Damages, Superior Courts Act, Serious Injury Assessment
Civil Procedure Delict Leave to Appeal Future Loss of Earnings General Damages Superior Courts Act Serious Injury Assessment

Case Brief

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Parties

Advocate Herman Kriel N.O. obo Minor Child

Applicant

Road Accident Fund

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Court or Supreme Court of Appeal

Legal Issues

  1. 1 Whether the minor child has been rendered practically unemployable on the open labour market as a result of the accident.
  2. 2 Whether the award for future loss of earnings was appropriate given the evidence.
  3. 3 Whether the claim for general damages should have been deferred to the HPCSA and not awarded.

Ratio Decidendi

The court found that the applicant failed to meet the statutory threshold for leave to appeal under section 17(1)(a)(i) of the Superior Courts Act. The evidence, including expert opinions and school reports, did not establish that the minor child was rendered unemployable as a result of the accident. The minor child continued to perform above the grade average, with no deterioration in academic performance. The applicant did not provide proof of the respondent's offer regarding general damages, and the court deferred the claim for general damages to the HPCSA for determination. No new grounds were raised in the application for leave to appeal, and the court was not persuaded that another...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The applicant’s application for leave to appeal is dismissed with costs.