Road Accident Fund v Jackson and Others (40814/2017) [2024] ZAGPPHC 649 (9 July 2024)
The Road Accident Fund's right to appeal the judgments of 5 March 2019 and 1 April 2020 was perempted by its conduct, which included proceeding with the trial on the merits, withdrawing its previous application for leave to appeal, and participating in pre-trial conferences and agreements regarding quantum. The RAF's actions left no reasonable doubt that it had accepted the judgments and waived its right to appeal. The subsequent application for leave to appeal, styled as a reinstatement, was delivered years out of time and without any application for condonation, rendering it fatally defective. The RAF's conduct in attempting to revive an abandoned right and disregarding court orders...
- Citation
- [2024] ZAGPPHC 649
- Parties
- Applicant: Road Accident Fund; Respondent: Olivia Jackson; Respondent: Davis Films/Impact Pictures (Res 6) Pty Limited; Respondent: Hully Grant; Respondent: Pyranha Stunts (Pty) Ltd; Respondent: Melville Ronald Hilton; Respondent: Marais Gustav; Respondent: Bickets Action South Africa (Pty) Ltd
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Judgment Date
- 9 July 2024
- Case Number
- 40814/2017
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Consolidated Trial and Liability Judgment; Application Filed Years After Judgment, Styled as Reinstatement, Without Condonation.
- Outcome
- Application for leave to appeal dismissed with punitive costs order against the Road Accident Fund.
- Judges
- N Davis
- Legal Topics
- Peremption of Appeal, Condonation, Road Accident Fund Act, Punitive Costs, Waiver of Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Road Accident Fund
Applicant
Olivia Jackson
Respondent
Davis Films/Impact Pictures (Res 6) Pty Limited
Respondent
Hully Grant
Respondent
Pyranha Stunts (Pty) Ltd
Respondent
Melville Ronald Hilton
Respondent
Marais Gustav
Respondent
Bickets Action South Africa (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Consolidated Trial and Liability Judgment; Application Filed Years After Judgment, Styled as Reinstatement, Without Condonation.
Legal Issues
- 1 Whether the Road Accident Fund's right to appeal the judgments of 5 March 2019 and 1 April 2020 had become perempted by its conduct.
- 2 Whether the application for leave to appeal, styled as a reinstatement, was fatally defective for lack of condonation.
- 3 Whether punitive costs should be awarded against the Road Accident Fund for its conduct.
Ratio Decidendi
The Road Accident Fund's right to appeal the judgments of 5 March 2019 and 1 April 2020 was perempted by its conduct, which included proceeding with the trial on the merits, withdrawing its previous application for leave to appeal, and participating in pre-trial conferences and agreements regarding quantum. The RAF's actions left no reasonable doubt that it had accepted the judgments and waived its right to appeal. The subsequent application for leave to appeal, styled as a reinstatement, was delivered years out of time and without any application for condonation, rendering it fatally defective. The RAF's conduct in attempting to revive an abandoned right and disregarding court orders...
Court Disposition
Application for leave to appeal dismissed with punitive costs order against the Road Accident Fund.
Orders
- The application for leave to appeal dated 17 May 2024 is dismissed with costs, such costs to be on an attorney and client scale and to include the costs of two counsel, including that of senior counsel, where so employed respectively.
- The Road Accident Fund is liable for the costs occasioned by all other parties.
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