Road Accident Fund v Lechner (16972/1997) [2010] ZAWCHC 479 (21 September 2010)

Road Accident Fund v Lechner (16972/1997) [2010] ZAWCHC 479 (21 September 2010)

The Court finds that, given the complexity of the matter and the divergent opinions expressed both in argument and in the judgment, there exists a reasonable possibility that another Court could reach a different conclusion regarding the deduction of collateral benefits. The applicant has demonstrated sufficient prospects of success to warrant leave to appeal. The matter is of sufficient importance and complexity to justify referral to the Supreme Court of Appeal rather than a full bench of the High Court.

Citation
[2010] ZAWCHC 479
Parties
Applicant: Road Accident Fund; Respondent: Magdalena Lechner
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
21 September 2010
Case Number
16972/1997
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
Outcome
Leave to appeal to the Supreme Court of Appeal is granted. Costs of this application are to be costs in the appeal.
Judges
Klopper
Legal Topics
Collateral Benefits, Leave to Appeal, Deduction of Benefits, Prospects of Success
Civil Procedure Delict Collateral Benefits Leave to Appeal Deduction of Benefits Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Road Accident Fund

Applicant

Magdalena Lechner

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal

Legal Issues

  1. 1 Whether the medical, hospital and ancillary expenses paid by German institutions constitute collateral benefits to be deducted from the damages award.
  2. 2 Whether the applicant has reasonable prospects of success on appeal.
  3. 3 Whether the matter should be referred to the Supreme Court of Appeal rather than a full bench of the High Court.

Ratio Decidendi

The Court finds that, given the complexity of the matter and the divergent opinions expressed both in argument and in the judgment, there exists a reasonable possibility that another Court could reach a different conclusion regarding the deduction of collateral benefits. The applicant has demonstrated sufficient prospects of success to warrant leave to appeal. The matter is of sufficient importance and complexity to justify referral to the Supreme Court of Appeal rather than a full bench of the High Court.

Court Disposition

Leave to appeal to the Supreme Court of Appeal is granted. Costs of this application are to be costs in the appeal.

Orders

  • Leave to appeal to the Supreme Court of Appeal is granted.
  • Costs of this application are to be costs in the appeal.