Vusela Construction (Pty) Ltd v Volker and Others (13813/07) [2011] ZAWCHC 303 (29 July 2011)

Vusela Construction (Pty) Ltd v Volker and Others (13813/07) [2011] ZAWCHC 303 (29 July 2011)

The court found that the applicants had satisfied the requirements for leave to serve third party notices on the Road Accident Fund under Uniform Rule 13(3)(b), as the Fund may be liable for a portion of the damages claimed in the main action. The court further held that leave should be granted to deliver apportionment notices in terms of Section 2(4)(b) of the Apportionment of Damages Act, 1956, to ensure that all potentially liable parties are properly notified and joined in the proceedings. The applicants were ordered to pay the costs of the application and the first respondent's wasted costs in the main action, jointly and severally.

Citation
[2011] ZAWCHC 303
Parties
Applicant: Vusela Construction (Pty) Ltd; Applicant: Premier of the Western Cape; Respondent: Leonard Theodor Volker; Respondent: Johannes H Louw; Respondent: Road Accident Fund
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
29 July 2011
Case Number
13813/07
Procedural Posture
Civil Application / Application for Leave to Serve Third Party Notice and Apportionment Notice
Outcome
Leave granted to serve third party and apportionment notices; costs awarded against applicants.
Judges
MIA
Legal Topics
Third Party Notice, Apportionment of Damages Act, Costs Order
Civil Procedure Delict Third Party Notice Apportionment of Damages Act Costs Order

Case Brief

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Parties

Vusela Construction (Pty) Ltd

Applicant

Premier of the Western Cape

Applicant

Leonard Theodor Volker

Respondent

Johannes H Louw

Respondent

Road Accident Fund

Respondent

Procedural Posture

Civil Application / Application for Leave to Serve Third Party Notice and Apportionment Notice

Legal Issues

  1. 1 Whether the applicants should be granted leave to serve third party notices on the fourth respondent under Uniform Rule 13(3)(b).
  2. 2 Whether the applicants should be granted leave to deliver apportionment notices under Section 2(4)(b) of the Apportionment of Damages Act, 1956.
  3. 3 Who should bear the costs of the application and wasted costs in the main action.

Ratio Decidendi

The court found that the applicants had satisfied the requirements for leave to serve third party notices on the Road Accident Fund under Uniform Rule 13(3)(b), as the Fund may be liable for a portion of the damages claimed in the main action. The court further held that leave should be granted to deliver apportionment notices in terms of Section 2(4)(b) of the Apportionment of Damages Act, 1956, to ensure that all potentially liable parties are properly notified and joined in the proceedings. The applicants were ordered to pay the costs of the application and the first respondent's wasted costs in the main action, jointly and severally.

Court Disposition

Leave granted to serve third party and apportionment notices; costs awarded against applicants.

Orders

  • The first applicant is granted leave in terms of Uniform Rule 13(3)(b) to serve the third party notice on the fourth respondent.
  • The first applicant is granted leave in terms of Section 2(4)(b) of the Apportionment of Damages Act, 1956 (Act No 34 of 1956) to deliver the notice in terms of section 2(2) of the Apportionment of Damages Act.