Road Accident Fund v Barnard (2599/06) [2008] ZAECHC 15 (21 February 2008)

Road Accident Fund v Barnard (2599/06) [2008] ZAECHC 15 (21 February 2008)

The court found that the applicant had shown good cause for the postponement. The lack of preparation was not due to dilatoriness but resulted from a change in policy and staff turnover at the Road Accident Fund. There was no history of undue delay or prejudice to the respondent that could not be compensated by a costs award or provisional payment. The applicant's responsibility to administer public funds properly justified granting the postponement. The costs of the postponement were awarded to the applicant on an unopposed basis, with wasted costs included. The costs of opposition were reserved for the trial court due to unresolved issues.

Citation
[2008] ZAECHC 15
Parties
Applicant: Road Accident Fund; Respondent: Adel Susan Barnard
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
21 February 2008
Case Number
2599/06
Procedural Posture
Urgent Application / Application for Postponement of Trial on Quantum
Outcome
Application for postponement granted. Plaintiff entitled to full compensation proven arising from the death of the deceased. Costs awarded as specified.
Judges
RJW Jones
Legal Topics
Postponement of Trial, Loss of Support, Good Cause Requirement, Costs Award
Civil Procedure Delict Postponement of Trial Loss of Support Good Cause Requirement Costs Award

Case Brief

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Parties

Road Accident Fund

Applicant

Adel Susan Barnard

Respondent

Procedural Posture

Urgent Application / Application for Postponement of Trial on Quantum

Legal Issues

  1. 1 Whether the applicant has shown good cause for the postponement of the trial on quantum.
  2. 2 Whether the postponement would cause prejudice to the respondent that cannot be compensated by a costs award.
  3. 3 Whether the applicant's lack of preparation is bona fide and not a delaying tactic.

Ratio Decidendi

The court found that the applicant had shown good cause for the postponement. The lack of preparation was not due to dilatoriness but resulted from a change in policy and staff turnover at the Road Accident Fund. There was no history of undue delay or prejudice to the respondent that could not be compensated by a costs award or provisional payment. The applicant's responsibility to administer public funds properly justified granting the postponement. The costs of the postponement were awarded to the applicant on an unopposed basis, with wasted costs included. The costs of opposition were reserved for the trial court due to unresolved issues.

Court Disposition

Application for postponement granted. Plaintiff entitled to full compensation proven arising from the death of the deceased. Costs awarded as specified.

Orders

  • The plaintiff is entitled to the full amount of compensation she is able to prove arising out of the death of Reon Johan Barnard on 31 January 2004.
  • The defendant is ordered to pay the taxed party and party costs of the trial on the merits, with interest at the prescribed rate from 14 days after the taxing master's allocatur to the date of payment.