Road Accident Fund v Cole (02895/2010) [2013] ZAGPJHC 132 (30 April 2013)

Road Accident Fund v Cole (02895/2010) [2013] ZAGPJHC 132 (30 April 2013)

The applicant failed to provide good grounds for the postponement. The application was not made timeously, as it was served on the morning of the trial. The applicant's attorneys had ample time to arrange the necessary expert assessments but only did so shortly before trial, without adequate explanation. It was unreasonable to expect the respondent to attend five appointments in such a short period, especially given the short notice. The parties' pre-trial agreement indicated that the absence of certain expert reports could be addressed by other means and that the applicant would not be prejudiced if the respondent attended the industrial psychologist's assessment. The applicant did not...

Citation
[2013] ZAGPJHC 132
Parties
Applicant: Road Accident Fund; Respondent: Mordant Cole
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 April 2013
Case Number
02895/2010
Procedural Posture
Urgent Application / Application for Postponement of Trial
Outcome
Application for postponement dismissed; costs to be costs in the cause.
Judges
L Modiba
Legal Topics
Postponement of Trial, Judicial Discretion, Costs in the Cause
Civil Procedure Postponement of Trial Judicial Discretion Costs in the Cause

Case Brief

Summary, issues, holding and outcome

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Parties

Road Accident Fund

Applicant

Mordant Cole

Respondent

Procedural Posture

Urgent Application / Application for Postponement of Trial

Legal Issues

  1. 1 Whether the applicant has shown good and sufficient grounds for the postponement of the trial.
  2. 2 Whether the application for postponement was made timeously and in accordance with procedural requirements.
  3. 3 Whether the respondent's conduct in relation to the medico-legal assessments was unreasonable or prejudicial to the applicant.

Ratio Decidendi

The applicant failed to provide good grounds for the postponement. The application was not made timeously, as it was served on the morning of the trial. The applicant's attorneys had ample time to arrange the necessary expert assessments but only did so shortly before trial, without adequate explanation. It was unreasonable to expect the respondent to attend five appointments in such a short period, especially given the short notice. The parties' pre-trial agreement indicated that the absence of certain expert reports could be addressed by other means and that the applicant would not be prejudiced if the respondent attended the industrial psychologist's assessment. The applicant did not...

Court Disposition

Application for postponement dismissed; costs to be costs in the cause.

Orders

  • The application for the postponement of the trial set down for 29 April 2013 is dismissed.
  • The costs of the application for the postponement are costs in the cause.