Shabir v Road Accident Fund (2143/19) [2021] ZAGPPHC 696 (19 October 2021)

Shabir v Road Accident Fund (2143/19) [2021] ZAGPPHC 696 (19 October 2021)

The court found that, although expert evidence indicated significant cognitive and executive dysfunction in the plaintiff, there was no declaration of inability to manage his affairs and the plaintiff opposed the establishment of a trust. In line with authority, the court cannot order the establishment of a trust absent the plaintiff's consent or a finding of incapacity. However, given the expert evidence and potential risks to the plaintiff's ability to manage a large monetary award, the court ordered the appointment of a curator ad litem to investigate the plaintiff's capacity and the need for a trust. The issue of general damages was separated and referred to the HPCSA for...

Citation
[2021] ZAGPPHC 696
Parties
Plaintiff: Samad Shabir; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 October 2021
Case Number
2143/19
Procedural Posture
Civil Trial / Judgment After Trial; Determination of Damages and Appointment of Curator Ad Litem
Outcome
Curator ad litem appointed to investigate plaintiff's capacity and need for a trust; damages for loss of earning capacity awarded; general damages separated and referred to HPCSA.
Judges
A A Crutchfield
Legal Topics
Road Accident Fund Act, Curator Ad Litem Appointment, Loss of Earning Capacity, Serious Injury Assessment, Trust Establishment
Civil Procedure Delict Road Accident Fund Act Curator Ad Litem Appointment Loss of Earning Capacity Serious Injury Assessment Trust Establishment

Case Brief

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Parties

Samad Shabir

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial; Determination of Damages and Appointment of Curator Ad Litem

Legal Issues

  1. 1 Whether a curator ad litem should be appointed to investigate the plaintiff's capacity to manage the damages award.
  2. 2 Whether the establishment of a trust for the plaintiff's benefit is necessary or appropriate.
  3. 3 Assessment of the plaintiff's loss of earning capacity and general damages.

Ratio Decidendi

The court found that, although expert evidence indicated significant cognitive and executive dysfunction in the plaintiff, there was no declaration of inability to manage his affairs and the plaintiff opposed the establishment of a trust. In line with authority, the court cannot order the establishment of a trust absent the plaintiff's consent or a finding of incapacity. However, given the expert evidence and potential risks to the plaintiff's ability to manage a large monetary award, the court ordered the appointment of a curator ad litem to investigate the plaintiff's capacity and the need for a trust. The issue of general damages was separated and referred to the HPCSA for...

Court Disposition

Curator ad litem appointed to investigate plaintiff's capacity and need for a trust; damages for loss of earning capacity awarded; general damages separated and referred to HPCSA.

Orders

  • A curator ad litem is appointed to the plaintiff in terms of Rule 57(1) of the Uniform Rules of Court.
  • Plaintiff's attorney to provide details of a suitable advocate for appointment as curator ad litem within ten days, including experience and consent.