Maepa v Road Accident Fund (2021/44473) [2025] ZAGPJHC 422 (25 April 2025)

Maepa v Road Accident Fund (2021/44473) [2025] ZAGPJHC 422 (25 April 2025)

The court held that, while counsel for the plaintiff was available from 22 April 2025 and did spend time on the matter, the delay in the commencement of the hearing was not attributable to either party. Historically, counsel at the Johannesburg Bar did not charge waiting time to the opposing party, and litigants were not required to pay for unused time. The court found that, in the present circumstances, it would be unfair to saddle the Road Accident Fund with counsel's costs for 22 and 23 April 2025. A fair balance is achieved by awarding counsel's trial fee for two days, 24 and 25 April 2025, against the Fund, as these were the days when the matter was actively allocated and heard. The...

Citation
[2025] ZAGPJHC 422
Parties
Plaintiff: Maepa, Millicent; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 April 2025
Case Number
2021/44473
Procedural Posture
Civil Trial / Costs Determination Post Settlement
Outcome
Costs of counsel for the plaintiff are awarded against the Road Accident Fund for 24 and 25 April 2025 only, on the party and party B scale.
Judges
GC Wright
Legal Topics
Costs Award, Party and Party Scale, Trial Fee Taxation
Civil Procedure Costs Award Party and Party Scale Trial Fee Taxation

Case Brief

Summary, issues, holding and outcome

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Parties

Maepa, Millicent

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Costs Determination Post Settlement

Legal Issues

  1. 1 Should the Road Accident Fund be liable for the costs of plaintiff's counsel for 22 and 23 April 2025, in addition to 24 and 25 April 2025?
  2. 2 What is a fair approach to awarding counsel's costs when a trial is delayed due to judicial unavailability?.

Ratio Decidendi

The court held that, while counsel for the plaintiff was available from 22 April 2025 and did spend time on the matter, the delay in the commencement of the hearing was not attributable to either party. Historically, counsel at the Johannesburg Bar did not charge waiting time to the opposing party, and litigants were not required to pay for unused time. The court found that, in the present circumstances, it would be unfair to saddle the Road Accident Fund with counsel's costs for 22 and 23 April 2025. A fair balance is achieved by awarding counsel's trial fee for two days, 24 and 25 April 2025, against the Fund, as these were the days when the matter was actively allocated and heard. The...

Court Disposition

Costs of counsel for the plaintiff are awarded against the Road Accident Fund for 24 and 25 April 2025 only, on the party and party B scale.

Orders

  • An order is made in terms of the draft order at 17-6 to 17-10 of caselines, awarding costs of counsel for 24 and 25 April 2025 only, on the party and party B scale, to be paid by the Road Accident Fund.