Road Accident Fund v Khoza (65231/12) [2015] ZAGPPHC 613 (28 August 2015)

Road Accident Fund v Khoza (65231/12) [2015] ZAGPPHC 613 (28 August 2015)

The Court held that the Road Accident Fund failed to establish any special circumstances that would justify the withdrawal of the deemed admission made at the pre-trial conference. The agreement regarding the seriousness of the respondent's injuries and entitlement to non-patrimonial damages was reached deliberately...

Source-derived case information.

Citation
[2015] ZAGPPHC 613
Parties
Applicant: Road Accident Fund; Respondent: Fikile Portia Khoza
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 August 2015
Case Number
65231/12
Procedural Posture
Interlocutory Application / Application to Withdraw Deemed Admission at Pre Trial Stage
Outcome
Application dismissed with costs.
Judges
P.M. Mabuse
Legal Topics
Withdrawal of Admission, Rule 37 Pre Trial Conference, Special Circumstances, Non Patrimonial Damages
Civil Procedure Withdrawal of Admission Rule 37 Pre Trial Conference Special Circumstances Non Patrimonial Damages

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Summary, issues, holding and outcome

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Parties

Road Accident Fund

Applicant

Fikile Portia Khoza

Respondent

Procedural Posture

Interlocutory Application / Application to Withdraw Deemed Admission at Pre Trial Stage

Legal Issues

  1. 1 Whether the Road Accident Fund may withdraw a deemed admission made at a pre-trial conference regarding the seriousness of the respondent's injuries.
  2. 2 Whether special circumstances exist to justify the withdrawal of the admission.
  3. 3 Whether the agreement reached at the pre-trial conference is binding on the parties.

Ratio Decidendi

The Court held that the Road Accident Fund failed to establish any special circumstances that would justify the withdrawal of the deemed admission made at the pre-trial conference. The agreement regarding the seriousness of the respondent's injuries and entitlement to non-patrimonial damages was reached deliberately and recorded in the pre-trial minutes. The applicant had sufficient time and opportunity to challenge the RAF-4 assessment but failed to do so within the agreed period. The affidavit submitted by the applicant did not provide any credible or acceptable explanation for the withdrawal of the admission, nor did it set out facts constituting special circumstances. Accordingly, the...

Court Disposition

Application dismissed with costs.

Orders

  • The application to withdraw the deemed admission is dismissed.
  • The applicant is ordered to pay the costs of the respondent.