Road Accident Fund v Arendse NO (030/2002) [2002] ZASCA 150; [2003] 1 All SA 139 (SCA); 2003 (2) SA 490 (SCA) (29 November 2002)

Road Accident Fund v Arendse NO (030/2002) [2002] ZASCA 150; [2003] 1 All SA 139 (SCA); 2003 (2) SA 490 (SCA) (29 November 2002)

The Supreme Court of Appeal held that the costs incurred by the respondent's attorney for administering the Article 43(a) undertaking were not claimed as part of the damages in the original proceedings and were not included in the settlement agreement. The undertaking provided by the MMF's agent, and later assumed by the Road Accident Fund, was limited to compensation for future hospital accommodation, medical treatment, and related services or goods, as specified in Article 43(a). It did not extend to administrative costs incurred by the respondent's attorney or trustees. The court found that the respondent was not entitled to a declaratory order that such costs fell within the meaning...

Citation
[2002] ZASCA 150
Parties
Appellant: Road Accident Fund; Respondent: Patrick Norman Arendse NO
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 2002
Case Number
030/2002
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal upheld; application dismissed.
Judges
Harms, Schutz, Cameron, Navsa, Conradie
Legal Topics
Road Accident Fund Act, Undertaking for Future Medical Expenses, Administration of Damages Award
Civil Procedure Land and Property Road Accident Fund Act Undertaking for Future Medical Expenses Administration of Damages Award

Case Brief

Summary, issues, holding and outcome

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Parties

Road Accident Fund

Appellant

Patrick Norman Arendse NO

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the costs incurred by the respondent's attorney for administering the Article 43(a) undertaking fall within the meaning of the undertaking.
  2. 2 Whether the Road Accident Fund is liable to compensate the respondent for such administrative costs after they have been incurred and proven.

Ratio Decidendi

The Supreme Court of Appeal held that the costs incurred by the respondent's attorney for administering the Article 43(a) undertaking were not claimed as part of the damages in the original proceedings and were not included in the settlement agreement. The undertaking provided by the MMF's agent, and later assumed by the Road Accident Fund, was limited to compensation for future hospital accommodation, medical treatment, and related services or goods, as specified in Article 43(a). It did not extend to administrative costs incurred by the respondent's attorney or trustees. The court found that the respondent was not entitled to a declaratory order that such costs fell within the meaning...

Court Disposition

Appeal upheld; application dismissed.

Orders

  • The order of the court a quo is altered to read: 'The application is dismissed.'
  • No order as to costs in either this Court or the court below.