La Grange v Road Accident Fund (Leave to Appeal) [2023] ZAGPPHC 532; 2020/37879 (20 June 2023)

La Grange v Road Accident Fund (Leave to Appeal) [2023] ZAGPPHC 532; 2020/37879 (20 June 2023)

The court found that, although the practice in the division has been to deal with default judgment applications on paper for expediency, especially since the Covid-19 regulations, no request for an open court hearing was made by any party. Regarding costs of expert witnesses, the court had previously furnished reasons for disallowing such costs unless specifically included in the order. However, after considering the submissions and the application for leave to appeal, the judge concluded that there are prospects that another court may reach a different conclusion and that there is a compelling reason for the appeal to be heard. Therefore, leave to appeal to the Full Court is granted.

Citation
[2023] ZAGPPHC 532
Parties
Applicant: JG La Grange; Respondent: The Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 June 2023
Case Number
2020/37879
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court
Outcome
Leave to appeal granted to the Full Court of the Gauteng Division, Pretoria.
Judges
Mokose
Legal Topics
Costs of Expert Witnesses, Default Judgment, Open Court Hearing, Leave to Appeal, Uniform Rules of Court Rule 70
Civil Procedure Costs of Expert Witnesses Default Judgment Open Court Hearing Leave to Appeal Uniform Rules of Court Rule 70

Case Brief

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Parties

JG La Grange

Applicant

The Road Accident Fund

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Court

Legal Issues

  1. 1 Whether the court erred in disallowing the costs of expert witnesses in default judgment applications.
  2. 2 Whether the applications for default judgment should have been heard in open court or via video conferencing.
  3. 3 Whether leave to appeal should be granted to the Full Court.

Ratio Decidendi

The court found that, although the practice in the division has been to deal with default judgment applications on paper for expediency, especially since the Covid-19 regulations, no request for an open court hearing was made by any party. Regarding costs of expert witnesses, the court had previously furnished reasons for disallowing such costs unless specifically included in the order. However, after considering the submissions and the application for leave to appeal, the judge concluded that there are prospects that another court may reach a different conclusion and that there is a compelling reason for the appeal to be heard. Therefore, leave to appeal to the Full Court is granted.

Court Disposition

Leave to appeal granted to the Full Court of the Gauteng Division, Pretoria.

Orders

  • Leave to appeal is granted to the Full Court of the Gauteng Division, Pretoria.
  • The costs of the application for leave to appeal are costs in the appeal.