Pfister v Road Accident Fund (2663/2009) [2012] ZAFSHC 154 (23 August 2012)

Pfister v Road Accident Fund (2663/2009) [2012] ZAFSHC 154 (23 August 2012)

The court found that, given the facts and circumstances, there exists a reasonable prospect of success on appeal regarding both the quantum of general damages and the calculation of post-accident residual earnings and earning capacity. The court noted differences of opinion among Provincial Divisions on these issues and concluded that leave to appeal should be granted to the Supreme Court of Appeal.

Citation
[2012] ZAFSHC 154
Parties
Applicant: Karl Meinert Pfister; Respondent: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
23 August 2012
Case Number
2663/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment on Damages
Outcome
Leave to appeal granted to the Supreme Court of Appeal; costs of the application to be costs in the appeal.
Judges
S. P. B. Hancke
Legal Topics
Leave to Appeal, Quantification of Damages, General Damages, Loss of Earnings
Civil Procedure Delict Leave to Appeal Quantification of Damages General Damages Loss of Earnings

Case Brief

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Parties

Karl Meinert Pfister

Applicant

Road Accident Fund

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment on Damages

Legal Issues

  1. 1 Whether leave to appeal should be granted regarding the quantum of general damages awarded.
  2. 2 Whether the calculation of post-accident residual earnings and earning capacity was correct.
  3. 3 Whether another court may reasonably reach a different conclusion on the uncontested factual evidence and interpretation of expert agreements.

Ratio Decidendi

The court found that, given the facts and circumstances, there exists a reasonable prospect of success on appeal regarding both the quantum of general damages and the calculation of post-accident residual earnings and earning capacity. The court noted differences of opinion among Provincial Divisions on these issues and concluded that leave to appeal should be granted to the Supreme Court of Appeal.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal; costs of the application to be costs in the appeal.

Orders

  • Leave is granted to the applicant to appeal to the Supreme Court of Appeal.
  • Costs of this application will be costs in the appeal.