Road Accident Fund v Ehlers Attorneys and Others (32968/2021)
Road Accident Fund v Ehlers Attorneys and Others (32968/2021) [2021] ZAGPPHC 828 (9 December 2021)
The court found that the requirements for granting an order under section 18(3) of the Superior Courts Act were met. The first respondent demonstrated exceptional circumstances, including prolonged non-payment by the appellant, the risk of closure of its practice, and prejudice to claimants. The appellant failed to show that it would suffer irreparable harm if execution was granted, as it had the funds and was obliged to pay under valid court orders. Allegations of impropriety against the first respondent were unsubstantiated. The court held that the appellant's conduct amounted to disregard…
Source excerpt
- Suspension Of Execution Pending Appeal
- Exceptional Circumstances
- Irreparable Harm
- Section 18 Superior Courts Act
- Contempt Of Court Orders