W.D v Road Accident Fund (12648/2014; 4082/2016; 20263/2013) [2019] ZAWCHC 151 (15 November 2019)

W.D v Road Accident Fund (12648/2014; 4082/2016; 20263/2013) [2019] ZAWCHC 151 (15 November 2019)

The court found, based on medical evidence and the reports of the curator ad litem, that both CD and MN are incapable of managing their own affairs due to severe or moderate traumatic brain injuries. While the applicants and curator ad litem preferred the creation of trusts, the Master opposed this, citing greater accountability and oversight over curatorships. The court held that the costs and administration of trusts are not subject to the same scrutiny as curatorships, and that the Master provides a necessary oversight function. For CD and MN, the court determined that appointing a curator bonis is the appropriate mechanism to protect their interests and manage their affairs, subject...

Citation
[2019] ZAWCHC 151
Parties
Applicant: WD; Respondent: THE ROAD ACCIDENT FUND; Applicant: IJ; Applicant: JJ; Applicant: OP; Applicant: CD; Applicant: MN
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 November 2019
Case Number
12648/2014; 4082/2016; 20263/2013
Procedural Posture
Civil Application / Final Judgment
Outcome
Curator bonis appointed for CD and MN; settlement funds for JJ to be paid into the Guardian's Fund; costs awarded against the Road Accident Fund.
Judges
K M Savage
Legal Topics
Curatorship, Guardians Fund, Trust Creation, Road Accident Fund Settlement, Mental Incapacity, Costs Award
Civil Procedure Family and Children Curatorship Guardians Fund Trust Creation Road Accident Fund Settlement Mental Incapacity Costs Award

Case Brief

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Parties

WD

Applicant

THE ROAD ACCIDENT FUND

Respondent

IJ

Applicant

JJ

Applicant

OP

Applicant

CD

Applicant

MN

Applicant

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the patients CD and MN are incapable of managing their own affairs.
  2. 2 Whether a trust or curator bonis is the appropriate mechanism for managing the affairs of CD and MN.
  3. 3 Whether the settlement funds for minor JJ should be administered via a trust, curator bonis, or the Guardian's Fund.

Ratio Decidendi

The court found, based on medical evidence and the reports of the curator ad litem, that both CD and MN are incapable of managing their own affairs due to severe or moderate traumatic brain injuries. While the applicants and curator ad litem preferred the creation of trusts, the Master opposed this, citing greater accountability and oversight over curatorships. The court held that the costs and administration of trusts are not subject to the same scrutiny as curatorships, and that the Master provides a necessary oversight function. For CD and MN, the court determined that appointing a curator bonis is the appropriate mechanism to protect their interests and manage their affairs, subject...

Court Disposition

Curator bonis appointed for CD and MN; settlement funds for JJ to be paid into the Guardian's Fund; costs awarded against the Road Accident Fund.

Orders

  • Ms CD is declared incapable of managing her affairs.
  • Ms Beverley Lynn Jackson (ABSA Trust Ltd) is appointed curator bonis over the affairs of Ms CD, subject to the powers and functions set out in Annexure 'A'.