Myburgh v Road Accident Fund (58762/2017) [2022] ZAGPPHC 583 (12 August 2022)
The court found that it had made a calculation error in the previous judgment by subtracting 70% instead of 30% from the total loss of earnings, resulting in an incorrect award. The correct approach was to award the plaintiff 70% of the proven loss of earnings, amounting to R1 647 704.80. The court also noted that...
Source-derived case information.
- Citation
- [2022] ZAGPPHC 583
- Parties
- Plaintiff: Justin Myburgh; Defendant: Road Accident Fund
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 58762/2017
- Procedural Posture
- Civil Trial / Addendum Judgment Correcting Quantum and Postponing General Damages
- Outcome
- The plaintiff's claim for general damages is postponed sine die. The defendant is ordered to pay the plaintiff R1 647 704.80 for loss of earnings.
- Judges
- JT Leso
- Legal Topics
- Loss of Earnings, Apportionment of Damages, General Damages, Road Accident Fund Act
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Justin Myburgh
Plaintiff
Road Accident Fund
Defendant
Procedural Posture
Civil Trial / Addendum Judgment Correcting Quantum and Postponing General Damages
Legal Issues
- 1 Whether the quantum of loss of earnings was correctly calculated after merits apportionment.
- 2 Whether an order regarding general damages should be made.
Ratio Decidendi
The court found that it had made a calculation error in the previous judgment by subtracting 70% instead of 30% from the total loss of earnings, resulting in an incorrect award. The correct approach was to award the plaintiff 70% of the proven loss of earnings, amounting to R1 647 704.80. The court also noted that no order had been made regarding general damages and postponed that claim sine die.
Court Disposition
The plaintiff's claim for general damages is postponed sine die. The defendant is ordered to pay the plaintiff R1 647 704.80 for loss of earnings.
Orders
- The plaintiff's claim for general damages is postponed sine die.
- The defendant shall pay the plaintiff an amount of R1 647 704.80.
Full Case Text
Judgment text and source record
35 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case number: 58762/2017
REPORTABLE: NO
OF INTEREST TO OTHER JUDGES: NO
REVISED: YES
11 August 2022
JUSTIN MYBURGH
PLAINTIFF
And
THE ROAD ACCIDENT FUND
DEFENDANT
Delivered: this judgment was prepared and authored by the judge whose name is reflected herein and is handed down electronically and by circulation to the parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines.
ADDENDUM JUDGMENT
LESO AJ
INTRODUCTION
[1] The addendum is made pursuant to the judgment that I handed down on 17 June 2022.
[2] On 27 August 2019, before DJP Ledwaba the parties reached an agreement to settle the merits on the basis that the defendant shall pay 70% of the plaintiff's proven or agreed damages. I found that the plaintiff was entitled to loss of earnings in the amount of R 2 353 864.00 before merits apportionment. In my calculation of the loss of earnings, I made an error by subtracting 70% instead of 30% from the amount of loss of earnings. Consequently, I awarded the plaintiff an
amount of R706 159.00 whereas I should awarded an amount of R1 647 704.80 for loss of earning.
[3] On the judgment it did not make an order regarding general damages.
ACCORDINGLY, I MAKE THE FOLLOWING ORDER
1. The plaintiff's claim for general damages is postponed sine die.
2. The defendant shall pay the Plaintiff an amount of R 1 647 704.80.
JT LESO
Acting Judge of the High Court
Date of Hearing: 12 October 2021
Judgment Delivered: 17 June 2022
Date of amended judgment: 12 August 2022
For the Plaintiff: Pruyt
Inc
Plaintiff’s representative: Adv Venter
Contact No: 082-412
0939
Email Address: pieterventer@lawcircle.co.za
For the Defendant: Unrepresented