Walton v Road Accident Fund (13/40367) [2016] ZAGPJHC 239 (15 June 2016)
The court considered the grounds of appeal and the arguments presented by both parties. After reviewing the main judgment and the alleged errors, the court found that the corrections made were purely typographical and did not affect the substance of the judgment. The court concluded that there were no reasonable...
Source-derived case information.
- Citation
- [2016] ZAGPJHC 239
- Parties
- Plaintiff: Gavin Allan Walton; Defendant: Road Accident Fund
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 13/40367
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment and Order
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- D S S Moshidi
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gavin Allan Walton
Plaintiff
Road Accident Fund
Defendant
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order
Legal Issues
- 1 Whether there are reasonable prospects of success on appeal against the judgment and order granted on 26 February 2016.
- 2 Whether the application for leave to appeal should be granted or dismissed.
Ratio Decidendi
The court considered the grounds of appeal and the arguments presented by both parties. After reviewing the main judgment and the alleged errors, the court found that the corrections made were purely typographical and did not affect the substance of the judgment. The court concluded that there were no reasonable prospects of success on appeal and, accordingly, refused the application for leave to appeal. The applicant was ordered to pay the costs of the application.
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- The application for leave to appeal is dismissed with costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA,
GAUTENG LOCAL DIVISION, JOHANNESBURG
CASE NO: 13/40367
DATE: 15 JUNE 2016
In the matter between:
WALTON, GAVIN ALLAN.........................................................................................................Plaintiff
And
ROAD ACCIDENT FUND......................................................................................................Defendant
JUDGMENT – LEAVE TO APPEAL
MOSHIDI, J:
[1] This is an application for leave to appeal against the whole of my judgment and order granted on 26 February 2016.
[2] The grounds of appeal are as set out in the notice of application for leave to appeal dated 8 March 2016.
[3] The application is opposed.
[4] In the course of preparing for the application under discussion, and despite having checked carefully the main judgment, I subsequently
discovered to my dismay that at least two (1 x 2) typing errors escaped my attention. I now wish to correct these errors, as I am entitled to do. The typing errors are the following: on page 2, line 2, paragraph [1] the word “related”, should read “relate”. On the same page line 2, paragraph [2], the word “sub-tissue”, should read “soft tissue”. The correction of these errors will not affect the substance of the final judgment. In the result, the errors are hereby corrected as above.
[5] Back to the application for leave to appeal. Pursuant to having had regard to the various grounds of appeal, as well as the argument in support thereof, I came to the conclusion that there are no reasonable prospects of success on appeal. For this reason, the application must be refused.
[6] In the result I make the following order:
6.1 The application for leave to appeal is dismissed with costs.
D S S MOSHIDI
JUDGE OF THE HIGH COURT OF SOUTH AFRICA
COUNSEL FOR THE APPLICANTB ANCER SC
INSTRUCTED BY NORMAN BERGER & PARTNERS INC
COUNSEL FOR THE RESPONDENT MS N MABENA
INSTRUCTED BY STATE ATTORNEY
DATE OF HEARING 10 JUNE 2016
DATE OF JUDGMENT 15 JUNE 2016