Van Wyk v Road Accident Fund (69459/2013) [2017] ZAGPPHC 50 (6 February 2017)

Van Wyk v Road Accident Fund (69459/2013) [2017] ZAGPPHC 50 (6 February 2017)

The court found that the requirements for lis pendens were satisfied, as the issue of past medical expenses was already pending before the trial court under the same case number and between the same parties. The claim for illiquid damages, such as past medical expenses, is not suitable for determination by motion proceedings where there is a material dispute of fact regarding the vouchers and their relation to the accident. The applicant should have set the matter down for trial, where viva voce evidence could be led. By proceeding by way of motion, the applicant risked depriving the respondent of its right to call witnesses and overburdened the motion court roll. The application was...

Citation
[2017] ZAGPPHC 50
Parties
Applicant: R R Van Wyk; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 February 2017
Case Number
69459/2013
Procedural Posture
Urgent Application / Application for Payment of Past Medical Expenses Following Partial Settlement of Action; Opposed Motion
Outcome
Application dismissed with costs on an attorney and client scale.
Judges
S.A.M. Baqwa
Legal Topics
Lis Pendens, Illiquid Damages, Motion Vs Action Proceedings, Road Accident Fund Act, Costs on Attorney and Client Scale
Civil Procedure Delict Lis Pendens Illiquid Damages Motion Vs Action Proceedings Road Accident Fund Act Costs on Attorney and Client Scale

Case Brief

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Parties

R R Van Wyk

Applicant

Road Accident Fund

Respondent

Procedural Posture

Urgent Application / Application for Payment of Past Medical Expenses Following Partial Settlement of Action; Opposed Motion

Legal Issues

  1. 1 Whether the application for payment of past medical expenses is permissible by way of motion proceedings.
  2. 2 Whether the requirements for lis pendens are met in this matter.
  3. 3 Whether the claim for illiquid damages should be determined by trial action rather than motion proceedings.

Ratio Decidendi

The court found that the requirements for lis pendens were satisfied, as the issue of past medical expenses was already pending before the trial court under the same case number and between the same parties. The claim for illiquid damages, such as past medical expenses, is not suitable for determination by motion proceedings where there is a material dispute of fact regarding the vouchers and their relation to the accident. The applicant should have set the matter down for trial, where viva voce evidence could be led. By proceeding by way of motion, the applicant risked depriving the respondent of its right to call witnesses and overburdened the motion court roll. The application was...

Court Disposition

Application dismissed with costs on an attorney and client scale.

Orders

  • The application is dismissed with cost on an attorney and client scale.