Suliman v Road Accident Fund (2019/26898) [2024] ZAGPJHC 506 (23 May 2024)
- Citation
- [2024] ZAGPJHC 506
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- South Gauteng High Court, Johannesburg
- Panel
- Wright
- Case number
- 2019/26898
More details
- Court
- South Gauteng High Court, Johannesburg
- Panel
- Wright
- Case number
- 2019/26898
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the case, while significant for the plaintiff, was not out of the ordinary for legal practitioners. The time taken by the plaintiff to consider the Fund's offer was reasonable, and costs should be awarded for 22 and 23 May 2024. The appropriate scale for costs, as per Rule 67A effective from 12 April 2024, is scale B. The plaintiff's request for scale C was not justified given the ordinary nature of the case from a legal perspective.
Court disposition
The action was settled on the merits and quantum, with costs awarded to the plaintiff on scale B for 22 and 23 May 2024.
Orders
- The settlement agreement is made an order of court.
- The defendant shall pay the plaintiff R2.9 million for all heads of damages except past hospital and medical expenses, which are postponed by agreement.
- The defendant shall pay the plaintiff's costs on scale B for 22 and 23 May 2024.
02
Material facts
Parties
Bulbulia Suliman
Plaintiff Counsel: Adv Z KhanRoad Accident Fund
Defendant Counsel: Ms N MhlongoAmounts and remedies
- Settlement Amount: ZAR 2,900,000
03
Procedural history
Posture
Civil Trial / Post Settlement Costs Determination
04
Questions and positions
Legal issues
- 01
Whether the plaintiff is entitled to costs on scale B or scale C after settlement.
- 02
Whether costs for 22 and 23 May 2024 should be awarded to the plaintiff.
- 03
Whether the time taken by the plaintiff to consider the Fund's offer was reasonable.
Party arguments
- Applicant
- The plaintiff, represented by Adv Z Khan, argued that costs should be awarded on scale C, the higher scale, for the period after 12 April 2024. He did not seek costs for 21 May 2024, when no judge was available, but requested costs for 22 and 23 May 2024. He contended that his client required reasonable time from the afternoon of 22 May until the morning of 23 May to consider the Fund's offer, as the matter was significant for the plaintiff and required detailed explanation.
- Respondent
- The defendant, represented by Ms N Mhlongo, conceded party and party costs and agreed to costs for 22 May 2024. She argued that, following the implementation of Rule 67A on 12 April 2024, the plaintiff was entitled to costs on scale B, not scale C.
05
Court’s reasoning
Legal principles
- 01
Rule 67A of the Uniform Rules of Court
Costs should be awarded on a fair scale reflecting the nature of the case and the conduct of the parties. Scale B is appropriate for ordinary matters post-12 April 2024.
- 02
General principles of fairness in civil procedure
A litigant is entitled to a reasonable time to consider settlement offers, especially in matters of personal significance.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the case, while significant for the plaintiff, was not out of the ordinary for legal practitioners. The time taken by the plaintiff to consider the Fund's offer was reasonable, and costs should be awarded for 22 and 23 May 2024. The appropriate scale for costs, as per Rule 67A effective from 12 April 2024, is scale B. The plaintiff's request for scale C was not justified given the ordinary nature of the case from a legal perspective.
Obiter and limits
- The amount settled, R2.9 million, is substantial but does not render the case exceptional for the purposes of costs.
- Lawyers must allow clients reasonable time to consider settlement offers, especially in personal injury matters.
Court disposition
The action was settled on the merits and quantum, with costs awarded to the plaintiff on scale B for 22 and 23 May 2024.
- The settlement agreement is made an order of court.
- The defendant shall pay the plaintiff R2.9 million for all heads of damages except past hospital and medical expenses, which are postponed by agreement.
- The defendant shall pay the plaintiff's costs on scale B for 22 and 23 May 2024.
Source and reliance status
South Gauteng High Court, Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
South Gauteng High Court, Johannesburg
Judgment
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case NO: 2019-26898
1. REPORTABLE: No
2. OF INTEREST TO OTHER JUDGES: No
3.
REVISED
23 May 2024
In the matter between:
BULBULIA,
SULIMAN
Plaintiff
and
ROAD
ACCIDENT
FUND
Defendant
JUDGMENT
WRIGHT J
[1] This action has been settled. Only part of the question of costs is to be decided by me. The parties have agreed a draft order which I am to make an order of court, having decided the remaining questions of costs.
[2] Mr Z Khan appears for the plaintiff and Ms N Mhlongo appears for the Fund.
[3] The trial was set down for Tuesday, 21 May 2024. The merits and quantum were in issue. On 21 May, no judge was available. The parties used that day to talk to each other about settlement. They settled the merits at 90% in favour of the plaintiff. Negotiations on the quantum continued on Wednesday, 22 May. During the early afternoon of 22 May, the Fund made an offer. The offer was accepted by the plaintiff this morning, Thursday 23 May at 9am. The plaintiff agreed to take R2.9m for all heads of damages except past hospital and medical expenses, which issue is to be postponed by agreement.
[4] Ms Mhlongo concedes party and party costs. She says that, as from 12 April 2024 when the new Rule 67A came into operation, the plaintiff is entitled to costs on scale B. Mr Khan seeks costs on scale C, the higher scale.
[5] Mr Khan does not ask for costs for Tuesday, 21 May when the matter stood as no judge was available. He seeks costs for yesterday and for today. Ms Mhlongo concedes costs for yesterday, 22 May.
[6] Mr Khan says that his client needed a reasonable time, from yesterday afternoon until this morning, to consider the Fund’s offer. He said that he needed to explain the matter in detail to his client. In my view, the time needed was reasonable in the circumstances. This case is an ordinary everyday matter for lawyers who deal with such cases. But it is a significant matter for the plaintiff, Mr Bulbulia. Mr Bulbulia was entitled to question Mr Khan about the case and the offer. Costs should include those for 22 and 23 May 2024.
[7] The amount settled, R2.9m is large but this case, from a lawyer’s perspective, is not out of the ordinary. Scale B is fair for costs as from 12 April 2024 onwards.
Order
[1]
X
GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
HEARD :23 May 2024
DELIVERED :23 May 2024
APPEARANCES :
Plaintiff Adv Z Khan
082 697 0108
advkhan@vodamail.co.za
Instructed by RA Seedat Attorneys
011 492 3337/083 417 2777
raseedat@iafrica.com
Defendant State Attorney
Ms N Mhlongo
072 452 7151
nkatekom@raf.co.za
Instructed by RAF
Rhulani Makondo
rhulanim@raf.co.za
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