T.L and Others v L.V (84635/2017) [2020] ZAGPPHC 805 (27 November 2020)

T.L and Others v L.V (84635/2017) [2020] ZAGPPHC 805 (27 November 2020)

The court found that the plaintiffs had suffered a loss of support due to the death of the deceased. Although the plaintiffs relied on bank statements to demonstrate the deceased's income, the court held that the tax returns reflected income earned in South Africa and that salary payments from Swaziland, as shown in the bank statements, should also be considered as income. The court ruled that only amounts explicitly described as salary in the bank statements from Swaziland should be added to the tax return figures. The court exercised its discretion to reduce the retirement age for calculation purposes to 65, given the deceased's health history and lack of financial statements. The court...

Citation
[2020] ZAGPPHC 805
Parties
Plaintiff: T[....] L[....]; Plaintiff: T[....] L[....] N.O.; Defendant: L[....] V[….]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 November 2020
Case Number
84635/2017
Procedural Posture
Civil Trial / Quantum of Damages After Merits Conceded
Outcome
The court ordered that the amounts reflected in the tax returns and those described as salary in the Swaziland bank statements be averaged for the calculation of loss of earnings until retirement at age 65, with specified contingencies applied. The parties were directed to provide a draft order reflecting the awards...
Judges
Tlhapi
Legal Topics
Loss of Support, Quantification of Damages, Remarriage Contingency, Burden of Proof, Admissibility of Evidence
Delict Civil Procedure Loss of Support Quantification of Damages Remarriage Contingency Burden of Proof Admissibility of Evidence

Case Brief

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Parties

T[....] L[....]

Plaintiff

T[....] L[....] N.O.

Plaintiff

L[....] V[….]

Defendant

Procedural Posture

Civil Trial / Quantum of Damages After Merits Conceded

Legal Issues

  1. 1 What was the deceased's earning capacity for purposes of calculating the monthly and annual income relevant to the loss of support claim.
  2. 2 What contingencies, including remarriage, should be applied in the circumstances.
  3. 3 What evidence is admissible and sufficient to prove the deceased's income for quantification of damages.

Ratio Decidendi

The court found that the plaintiffs had suffered a loss of support due to the death of the deceased. Although the plaintiffs relied on bank statements to demonstrate the deceased's income, the court held that the tax returns reflected income earned in South Africa and that salary payments from Swaziland, as shown in the bank statements, should also be considered as income. The court ruled that only amounts explicitly described as salary in the bank statements from Swaziland should be added to the tax return figures. The court exercised its discretion to reduce the retirement age for calculation purposes to 65, given the deceased's health history and lack of financial statements. The court...

Court Disposition

The court ordered that the amounts reflected in the tax returns and those described as salary in the Swaziland bank statements be averaged for the calculation of loss of earnings until retirement at age 65, with specified contingencies applied. The parties were directed to provide a draft order reflecting the awards...

Orders

  • The parties must agree on the total amounts to be referred for recalculation, including tax return income and Swaziland salary payments.
  • An average of these amounts is to be used to calculate the deceased's loss of earnings until retirement at age 65.