Laurie obo Laurie v Road Accident Fund (66368/2015) [2020] ZAGPPHC 563 (15 October 2020)

Laurie obo Laurie v Road Accident Fund (66368/2015) [2020] ZAGPPHC 563 (15 October 2020)

The court found that Michau Jacques Laurie, due to her cerebral palsy and spastic quadriplegia, is incapable of managing her own affairs. Although the defendant did not raise the locus standi objection in its plea and only did so late, the court agreed that a curator ad litem should be appointed before proceeding with the merits. The court held that the defendant's late objection was procedurally improper and prejudicial to the plaintiff, warranting a costs order against the defendant for the hearing. The matter was postponed sine die to allow for the appointment of a curator ad litem for Michau.

Citation
[2020] ZAGPPHC 563
Parties
Plaintiff: Robert Naylor Laurie obo Michau Jacques Laurie; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 October 2020
Case Number
66368/2015
Procedural Posture
Civil Trial / Objection to Locus Standi and Postponement for Curator Ad Litem Application
Outcome
The matter was postponed sine die for the appointment of a curator ad litem. The defendant was ordered to pay the costs of the hearing.
Judges
MNGQIBISA-THUSI
Legal Topics
Locus Standi, Curator Ad Litem, Road Accident Claim, Mental Incapacity, Special Plea, Costs Award
Civil Procedure Delict Locus Standi Curator Ad Litem Road Accident Claim Mental Incapacity Special Plea Costs Award

Case Brief

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Parties

Robert Naylor Laurie obo Michau Jacques Laurie

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Objection to Locus Standi and Postponement for Curator Ad Litem Application

Legal Issues

  1. 1 Whether the plaintiff has locus standi to represent Michau Jacques Laurie after she reached majority.
  2. 2 Whether a curator ad litem should be appointed for Michau due to her mental and physical incapacity.
  3. 3 Whether the defendant's late objection to locus standi justifies a costs order against it.

Ratio Decidendi

The court found that Michau Jacques Laurie, due to her cerebral palsy and spastic quadriplegia, is incapable of managing her own affairs. Although the defendant did not raise the locus standi objection in its plea and only did so late, the court agreed that a curator ad litem should be appointed before proceeding with the merits. The court held that the defendant's late objection was procedurally improper and prejudicial to the plaintiff, warranting a costs order against the defendant for the hearing. The matter was postponed sine die to allow for the appointment of a curator ad litem for Michau.

Court Disposition

The matter was postponed sine die for the appointment of a curator ad litem. The defendant was ordered to pay the costs of the hearing.

Orders

  • The matter is postponed sine die.
  • The defendant is liable for the costs of the hearing of its objection.