Nongwe v Road Accident Fund (EL48/2013, ECD348/2013) [2017] ZAECELLC 19 (8 December 2017)

Nongwe v Road Accident Fund (EL48/2013, ECD348/2013) [2017] ZAECELLC 19 (8 December 2017)

The court held that while the plaintiff's legal representatives incurred costs in consulting with expert witnesses, the court is not in a position to determine the reasonableness or necessity of such costs based solely on submissions from the bar. The discretion to assess and allow such costs lies with the taxing master, who is empowered by the Uniform Rules to demand proof and determine whether the services for which payment is demanded are reasonable, necessary, and have actually been rendered. The court declined to make a specific order regarding the travelling, consultation, and accommodation costs of the plaintiff's legal representatives, instead directing that the reasonable...

Citation
[2017] ZAECELLC 19
Parties
Plaintiff: Sandile Nongwe; Defendant: Road Accident Fund
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
8 December 2017
Case Number
EL48/2013, ECD348/2013
Procedural Posture
Civil Trial / Costs Determination Following Settlement of Merits and Quantum
Outcome
The defendant is ordered to pay the plaintiff damages, provide a statutory undertaking, pay interest, and cover costs including reasonable qualifying expenses of specified expert witnesses, subject to taxation. The plaintiff's attorneys must comply with the Contingency Fees Act. The plaintiff is ordered to pay the...
Judges
T Stretch
Legal Topics
Costs Award, Taxing Master Discretion, Road Accident Fund Act, Expert Witness Expenses
Civil Procedure Delict Costs Award Taxing Master Discretion Road Accident Fund Act Expert Witness Expenses

Case Brief

Summary, issues, holding and outcome

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Parties

Sandile Nongwe

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Costs Determination Following Settlement of Merits and Quantum

Legal Issues

  1. 1 Whether the court may order the defendant to pay the plaintiff's legal representatives' travelling, consultation, and accommodation costs incurred in consulting with expert witnesses.
  2. 2 Whether such an order would usurp or unduly interfere with the discretion of the taxing master.
  3. 3 Whether the costs of expert consultations are reasonable and necessary in the circumstances.

Ratio Decidendi

The court held that while the plaintiff's legal representatives incurred costs in consulting with expert witnesses, the court is not in a position to determine the reasonableness or necessity of such costs based solely on submissions from the bar. The discretion to assess and allow such costs lies with the taxing master, who is empowered by the Uniform Rules to demand proof and determine whether the services for which payment is demanded are reasonable, necessary, and have actually been rendered. The court declined to make a specific order regarding the travelling, consultation, and accommodation costs of the plaintiff's legal representatives, instead directing that the reasonable...

Court Disposition

The defendant is ordered to pay the plaintiff damages, provide a statutory undertaking, pay interest, and cover costs including reasonable qualifying expenses of specified expert witnesses, subject to taxation. The plaintiff's attorneys must comply with the Contingency Fees Act. The plaintiff is ordered to pay the...

Orders

  • The defendant is directed to pay to the plaintiff the sum of R210,707.00 in respect of damages arising from injuries sustained in the motor-vehicle collision on 24 August 2011.
  • The defendant shall provide an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996, limited to 70% of future accommodation, treatment, or services arising from the injuries.