Mooketsi v Road Accident Fund (RAF 244/15) [2016] ZANWHC 26 (2 June 2016)

Mooketsi v Road Accident Fund (RAF 244/15) [2016] ZANWHC 26 (2 June 2016)

The court found that the plaintiff misconstrued the principles in Road Accident Fund v Duma regarding punitive costs. There is no independent action for punishing the RAF; punitive costs are awarded only when justified by the conduct in the proceedings. The wasted costs of medical and other experts had already been taxed and awarded, and there was no basis to award them again. After the RAF rejected the RAF 4 report, the court had no jurisdiction to assess general damages, making further appearances and costs unjustified. The plaintiff's legal representatives caused unnecessary costs by continuing with proceedings after the action was exhausted. The application for costs was dismissed,...

Citation
[2016] ZANWHC 26
Parties
Plaintiff: Mooketsi Masepatala Joyce; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
2 June 2016
Case Number
RAF 244/15
Procedural Posture
Civil Application / Application for Costs After Settlement and Postponements
Outcome
Application for costs dismissed. Plaintiff's attorney and counsel ordered to pay defendant's costs incurred in opposing the application.
Judges
Landman
Legal Topics
Costs Award, Punitive Costs, Wasted Costs, Jurisdiction, Road Accident Fund
Civil Procedure Costs Award Punitive Costs Wasted Costs Jurisdiction Road Accident Fund

Case Brief

Summary, issues, holding and outcome

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Parties

Mooketsi Masepatala Joyce

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Application / Application for Costs After Settlement and Postponements

Legal Issues

  1. 1 Whether the plaintiff is entitled to costs on an attorney and client scale for the appearance on 7 March 2016.
  2. 2 Whether the plaintiff is entitled to costs for appearances on 16 May 2016 and 2 June 2016.
  3. 3 Whether the defendant (RAF) should be mulcted in punitive costs due to alleged delay in rejecting the RAF 4 report.

Ratio Decidendi

The court found that the plaintiff misconstrued the principles in Road Accident Fund v Duma regarding punitive costs. There is no independent action for punishing the RAF; punitive costs are awarded only when justified by the conduct in the proceedings. The wasted costs of medical and other experts had already been taxed and awarded, and there was no basis to award them again. After the RAF rejected the RAF 4 report, the court had no jurisdiction to assess general damages, making further appearances and costs unjustified. The plaintiff's legal representatives caused unnecessary costs by continuing with proceedings after the action was exhausted. The application for costs was dismissed,...

Court Disposition

Application for costs dismissed. Plaintiff's attorney and counsel ordered to pay defendant's costs incurred in opposing the application.

Orders

  • The application for costs is dismissed.
  • The plaintiff’s attorney and counsel are to pay the defendant’s costs incurred in opposing the application for costs; the one paying the other to be absolved.