Mofokeng v Road Accident Fund (Leave to Appeal) (78908/2018) [2024] ZAGPPHC 730 (30 July 2024)

Mofokeng v Road Accident Fund (Leave to Appeal) (78908/2018) [2024] ZAGPPHC 730 (30 July 2024)

The court held that the refusal to grant default judgment on the loss of earning capacity claim is interlocutory and not appealable, as it does not have final effect nor does it dispose of the rights of the parties. Even if the decision were appealable, the applicant failed to meet the test under section 17(1) of the Superior Courts Act, as there was insufficient admissible evidence to demonstrate a real and substantial possibility of future loss of earning capacity. The expert opinions relied upon were speculative and unsupported by objective facts, particularly as the applicant was employed for three years post-accident and resigned for reasons not adequately linked to her injuries. The...

Citation
[2024] ZAGPPHC 730
Parties
Applicant: Laura Nthabiseng Mofokeng; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 July 2024
Case Number
78908/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Refusal of Default Judgment on Loss of Earning Capacity Claim
Outcome
Application for leave to appeal refused with no order as to costs.
Judges
Moshoana
Legal Topics
Default Judgment, Loss of Earning Capacity, Appealability, Burden of Proof
Civil Procedure Delict Default Judgment Loss of Earning Capacity Appealability Burden of Proof

Case Brief

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Parties

Laura Nthabiseng Mofokeng

Applicant

Road Accident Fund

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Refusal of Default Judgment on Loss of Earning Capacity Claim

Legal Issues

  1. 1 Is the refusal to grant default judgment on the loss of earning capacity claim appealable?
  2. 2 Has the applicant satisfied the test for leave to appeal under section 17(1) of the Superior Courts Act?
  3. 3 Did the applicant discharge the burden of proof for the loss of earning capacity claim?

Ratio Decidendi

The court held that the refusal to grant default judgment on the loss of earning capacity claim is interlocutory and not appealable, as it does not have final effect nor does it dispose of the rights of the parties. Even if the decision were appealable, the applicant failed to meet the test under section 17(1) of the Superior Courts Act, as there was insufficient admissible evidence to demonstrate a real and substantial possibility of future loss of earning capacity. The expert opinions relied upon were speculative and unsupported by objective facts, particularly as the applicant was employed for three years post-accident and resigned for reasons not adequately linked to her injuries. The...

Court Disposition

Application for leave to appeal refused with no order as to costs.

Orders

  • The application for leave to appeal is refused with no order as to costs.