Road Accident Fund v M obo OKM (2015/07489) [2022] ZAGPJHC 989 (7 December 2022)

Road Accident Fund v M obo OKM (2015/07489) [2022] ZAGPJHC 989 (7 December 2022)

The court found that the Road Accident Fund was repeatedly notified of the trial date and proceedings, and its officials engaged with the respondent's attorneys. The RAF elected not to participate in the trial, and its absence was not due to being precluded but rather a deliberate choice. The judgment was not erroneously granted in its absence as contemplated by Rule 42(1)(a). The RAF failed to provide a reasonable and acceptable explanation for its default and did not demonstrate reasonable prospects of success on the merits. The delay in launching the rescission application was unreasonable and unexplained. The proper procedure for challenging the merits of the judgment would have been...

Citation
[2022] ZAGPJHC 989
Parties
Applicant: Road Accident Fund; Respondent: J [....] M [....] obo O [....] K [....] M [....]
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 December 2022
Case Number
2015/07489
Procedural Posture
Rescission Application / Judgment on Application for Rescission and Condonation
Outcome
Application for condonation for late filing of rescission is refused; application for rescission of judgment is refused; applicant to pay costs; judgment to be referred to RAF CEO and Ms Rambauli.
Judges
I Opperman
Legal Topics
Rescission of Judgment, Condonation, Default Judgment, Rule 42 Uniform Rules, Costs Order
Civil Procedure Rescission of Judgment Condonation Default Judgment Rule 42 Uniform Rules Costs Order

Case Brief

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Parties

Road Accident Fund

Applicant

J [....] M [....] obo O [....] K [....] M [....]

Respondent

Procedural Posture

Rescission Application / Judgment on Application for Rescission and Condonation

Legal Issues

  1. 1 Whether the judgment granted in favour of the respondent's minor child was erroneously granted in the absence of the Road Accident Fund as contemplated by Rule 42(1)(a).
  2. 2 Whether the Road Accident Fund provided a reasonable and acceptable explanation for its default and demonstrated reasonable prospects of success on the merits under the common law.
  3. 3 Whether condonation for the late filing of the rescission application should be granted.

Ratio Decidendi

The court found that the Road Accident Fund was repeatedly notified of the trial date and proceedings, and its officials engaged with the respondent's attorneys. The RAF elected not to participate in the trial, and its absence was not due to being precluded but rather a deliberate choice. The judgment was not erroneously granted in its absence as contemplated by Rule 42(1)(a). The RAF failed to provide a reasonable and acceptable explanation for its default and did not demonstrate reasonable prospects of success on the merits. The delay in launching the rescission application was unreasonable and unexplained. The proper procedure for challenging the merits of the judgment would have been...

Court Disposition

Application for condonation for late filing of rescission is refused; application for rescission of judgment is refused; applicant to pay costs; judgment to be referred to RAF CEO and Ms Rambauli.

Orders

  • The application for condonation for the late filing of the rescission application is refused.
  • The application for rescission of the judgment of Acting Judge Ally is refused.