Road Accident Fund v van Rhyn (CA403/05 , CA405/05)
Road Accident Fund v van Rhyn (CA403/05 , CA405/05) [2007] ZAECHC 6; [2007] 3 All SA 659 (E) (9 February 2007)
The court held that the magistrate exercised her discretion properly in awarding general damages to Mr and Mrs Van Rhyn. The evidence, including expert testimony, supported the nature and extent of their injuries and the impact on their lives. The awards were not strikingly disparate from what would be considered reasonable, and there was no misdirection or irregularity. Regarding costs, the magistrate provided sound reasons for awarding costs of counsel on a higher scale, including the Fund's litigation conduct and late concessions. The orders were not arbitrary, and the discretion was exerc…
Source excerpt
- Quantum Of General Damages
- Costs Award
- Personal Injury
- Road Accident Fund
- Appeal Interference Test