N.C obo E.C v Member of the Executive Council for the Health, Free State (823/2019) [2022] ZAFSHC 22 (8 February 2022)

N.C obo E.C v Member of the Executive Council for the Health, Free State (823/2019) [2022] ZAFSHC 22 (8 February 2022)

The court found that the applicant made out a case for interim payment under Rule 34A. The respondent conceded liability for 80% of the merits, and expert evidence established the urgent need for specialized medical care for the minor child. The respondent's opposition based on public healthcare and lack of insurance was rejected; the respondent failed to prove inability to pay. The court held that the amount sought (R5,000,000.00) is reasonable and unlikely to exceed the total claim. The appointment of a curator bonis is appropriate given the child's incapacity. Costs follow the result, but a punitive cost order was not warranted.

Citation
[2022] ZAFSHC 22
Parties
Applicant: N.C obo E.C; Respondent: Member of the Executive Council for the Health, Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 February 2022
Case Number
823/2019
Procedural Posture
Interim Payment Application / Opposed Application for Interim Payment Pending Determination of Quantum
Outcome
Application granted: interim payment ordered; leave to apply for curator bonis; costs awarded on party and party scale.
Judges
Daniso
Legal Topics
Interim Payment, Medical Negligence, Personal Injury, Quantum of Damages, Curator Bonis Appointment
Civil Procedure Delict Interim Payment Medical Negligence Personal Injury Quantum of Damages Curator Bonis Appointment

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Parties

N.C obo E.C

Applicant

Member of the Executive Council for the Health, Free State

Respondent

Procedural Posture

Interim Payment Application / Opposed Application for Interim Payment Pending Determination of Quantum

Legal Issues

  1. 1 Whether the applicant is entitled to an interim payment under Rule 34A pending final determination of damages.
  2. 2 Whether the respondent's opposition based on public healthcare and lack of insurance or means is valid.
  3. 3 Whether a curator bonis should be appointed to manage the award for the minor child.

Ratio Decidendi

The court found that the applicant made out a case for interim payment under Rule 34A. The respondent conceded liability for 80% of the merits, and expert evidence established the urgent need for specialized medical care for the minor child. The respondent's opposition based on public healthcare and lack of insurance was rejected; the respondent failed to prove inability to pay. The court held that the amount sought (R5,000,000.00) is reasonable and unlikely to exceed the total claim. The appointment of a curator bonis is appropriate given the child's incapacity. Costs follow the result, but a punitive cost order was not warranted.

Court Disposition

Application granted: interim payment ordered; leave to apply for curator bonis; costs awarded on party and party scale.

Orders

  • The respondent is ordered to pay the applicant an interim payment of R5,000,000.00 within 30 days by depositing it into the account of a curator bonis.
  • The applicant is granted leave to apply on the same papers (supplemented, if necessary) for the appointment of a curator bonis.