Road Accident Fund v Myhill NO (505/2012) [2013] ZASCA 73; 2013 (5) SA 399 (SCA); [2013] 4 All SA 9 (SCA) (29 May 2013)

Road Accident Fund v Myhill NO (505/2012) [2013] ZASCA 73; 2013 (5) SA 399 (SCA); [2013] 4 All SA 9 (SCA) (29 May 2013)

The Supreme Court of Appeal held that the settlement agreements concluded on behalf of the minors were substantially prejudicial and should be set aside. The amounts offered for general damages were wholly inadequate, failing to account for the real possibility of post-traumatic epilepsy and future medical expenses. The Fund's practice of deducting for contributory negligence attributed to the custodian parent was impermissible, as set-off cannot operate between debts owed in personal and representative capacities. The settlements did not reflect a reasonable assessment of the minors' damages and failed to provide for future contingencies, such as medical treatment for epilepsy. The...

Citation
[2013] ZASCA 73
Parties
Appellant: Road Accident Fund; Respondent: Advocate Ele Myhill, NO (curator ad litem for S[...] minors)
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 May 2013
Case Number
505/2012
Procedural Posture
Civil Appeal / Appeal From South Gauteng High Court, Johannesburg
Outcome
Appeal dismissed with costs, including the costs of two counsel.
Judges
Brand, Shongwe, Leach, Willis, Van der Merwe
Legal Topics
Rescission of Contract, Settlement of Minor Claims, Set Off, Future Medical Expenses, Contributory Negligence
Civil Procedure Family and Children Rescission of Contract Settlement of Minor Claims Set Off Future Medical Expenses Contributory Negligence

Case Brief

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Parties

Road Accident Fund

Appellant

Advocate Ele Myhill, NO (curator ad litem for S[...] minors)

Respondent

Procedural Posture

Civil Appeal / Appeal From South Gauteng High Court, Johannesburg

Legal Issues

  1. 1 Whether settlement agreements concluded on behalf of minors should be set aside due to substantial prejudice.
  2. 2 Whether the Road Accident Fund was entitled to set off the custodian parent's personal liability against the minors' claims.
  3. 3 Whether the settlements failed to account for the real prospect of future medical treatment for the minors.

Ratio Decidendi

The Supreme Court of Appeal held that the settlement agreements concluded on behalf of the minors were substantially prejudicial and should be set aside. The amounts offered for general damages were wholly inadequate, failing to account for the real possibility of post-traumatic epilepsy and future medical expenses. The Fund's practice of deducting for contributory negligence attributed to the custodian parent was impermissible, as set-off cannot operate between debts owed in personal and representative capacities. The settlements did not reflect a reasonable assessment of the minors' damages and failed to provide for future contingencies, such as medical treatment for epilepsy. The...

Court Disposition

Appeal dismissed with costs, including the costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.