Swart v Maree (1460/2020) [2020] ZAFSHC 270 (11 February 2020)

Swart v Maree (1460/2020) [2020] ZAFSHC 270 (11 February 2020)

The court found that the plaintiff's amended particulars of claim regarding future hospital and medical expenses were sufficiently detailed to enable the defendant to plead, given the information currently available. However, the claims for past and future loss of earnings and general damages were found to be vague and lacking in necessary particulars, such as the nature of employment, duration of loss, and quantification of damages. The vagueness prejudiced the defendant's ability to plead, rendering those portions excipiable. The court upheld the defendant's complaints regarding these claims and granted the plaintiff an opportunity to amend the offending particulars within ten days....

Citation
[2020] ZAFSHC 270
Parties
Respondent: Izak Jacobus Swart; Applicant: Hendrik Johannes Maree
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 February 2020
Case Number
1460/2020
Procedural Posture
Civil Application / Opposed Application for Setting Aside Amended Particulars of Claim Under Rule 30(1) and Rule 18(12)
Outcome
Application partially upheld. Complaints regarding past and future loss of earnings and general damages are upheld; complaint regarding future hospital and medical expenses is dismissed.
Judges
Daniso
Legal Topics
Irregular Step, Pleading Requirements, Damages Quantification, Personal Injury, Exception Procedure
Civil Procedure Delict Irregular Step Pleading Requirements Damages Quantification Personal Injury Exception Procedure

Case Brief

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Parties

Izak Jacobus Swart

Respondent

Hendrik Johannes Maree

Applicant

Procedural Posture

Civil Application / Opposed Application for Setting Aside Amended Particulars of Claim Under Rule 30(1) and Rule 18(12)

Legal Issues

  1. 1 Whether the plaintiff's amended particulars of claim constitute an irregular step under rule 30(1) and rule 18(12).
  2. 2 Whether the particulars of claim provide sufficient detail to enable the defendant to plead and reasonably assess the claim.
  3. 3 Whether the claims for future hospital and medical expenses, past and future loss of earnings, and general damages are adequately particularised.

Ratio Decidendi

The court found that the plaintiff's amended particulars of claim regarding future hospital and medical expenses were sufficiently detailed to enable the defendant to plead, given the information currently available. However, the claims for past and future loss of earnings and general damages were found to be vague and lacking in necessary particulars, such as the nature of employment, duration of loss, and quantification of damages. The vagueness prejudiced the defendant's ability to plead, rendering those portions excipiable. The court upheld the defendant's complaints regarding these claims and granted the plaintiff an opportunity to amend the offending particulars within ten days....

Court Disposition

Application partially upheld. Complaints regarding past and future loss of earnings and general damages are upheld; complaint regarding future hospital and medical expenses is dismissed.

Orders

  • The defendant's complaint against the plaintiff's amended particulars in respect of the claim for future hospital and medical expenses is dismissed.
  • The defendant's complaint against the plaintiff's amended particulars of claim in respect of the claim for past loss of earnings and future loss of earnings and earning capacity is upheld.