Mbatha v Road Accident Fund (06771/2015) [2016] ZAGPJHC 237; 2017 (1) SA 442 (GJ) (26 August 2016)

Mbatha v Road Accident Fund (06771/2015) [2016] ZAGPJHC 237; 2017 (1) SA 442 (GJ) (26 August 2016)

The court refused to award costs to legal representatives and experts at the preliminary stage where only the merits of the action had been settled and quantum was postponed. The judge found that no expert reports or opinions had contributed to the agreement on merits, and the court had no information regarding injuries, sequelae, or quantum of damages. The section 17(4)(a) undertaking only provides value if future costs are incurred and proven, which had not occurred. Therefore, it would be improper to order payment of costs, especially expert fees, when there is no actual outcome or benefit to the plaintiff. The appropriate order is that costs to date are costs in the cause, to be...

Citation
[2016] ZAGPJHC 237
Parties
Plaintiff: Mbatha Bongani; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 August 2016
Case Number
06771/2015
Procedural Posture
Civil Trial / Preliminary Order on Costs Following Partial Settlement on Merits
Outcome
Draft order amended; costs to date are costs in the cause. No immediate costs awarded to legal representatives or experts.
Judges
Satchwell
Legal Topics
Road Accident Fund Act, Costs in the Cause, Separation of Merits and Quantum, Expert Witness Fees
Civil Procedure Delict Road Accident Fund Act Costs in the Cause Separation of Merits and Quantum Expert Witness Fees

Case Brief

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Parties

Mbatha Bongani

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Preliminary Order on Costs Following Partial Settlement on Merits

Legal Issues

  1. 1 Should the court award costs to legal representatives and experts at the preliminary stage where only the merits have been settled and quantum is postponed.
  2. 2 Is it appropriate to order payment of expert witness fees when their reports have not contributed to the settlement of merits.
  3. 3 Does a section 17(4)(a) undertaking justify an immediate costs award to the plaintiff.

Ratio Decidendi

The court refused to award costs to legal representatives and experts at the preliminary stage where only the merits of the action had been settled and quantum was postponed. The judge found that no expert reports or opinions had contributed to the agreement on merits, and the court had no information regarding injuries, sequelae, or quantum of damages. The section 17(4)(a) undertaking only provides value if future costs are incurred and proven, which had not occurred. Therefore, it would be improper to order payment of costs, especially expert fees, when there is no actual outcome or benefit to the plaintiff. The appropriate order is that costs to date are costs in the cause, to be...

Court Disposition

Draft order amended; costs to date are costs in the cause. No immediate costs awarded to legal representatives or experts.

Orders

  • The draft order as amended is made an order of court.
  • Paragraphs 5, 6, 7, 8, and 9 of the draft order are deleted.