S.L v A.C (Reasons) (2024/143281) [2025] ZAWCHC 212 (21 May 2025)
Court
Western Cape High Court, Cape Town
Case number
2024/143281
Judge
P. S. Van Zyl
High Court contempt reasons in a Rule 43 maintenance dispute. The respondent was found in contempt for non-payment of rental and arrears; a curator ad litem application failed.
TCE v EE (113234/2023) [2025] ZAGPPHC 118 (6 February 2025)
Court
North Gauteng High Court, Pretoria
Case number
113234/2023
Judge
B Neukircher
The court held that, given the ages and maturity of K and T, their strong desire for independent representation, and the history of feeling excluded and unheard by the curator ad litem, it was appropriate and necessary to confirm the appointment of Adv Strauss as their legal representative. The court distinguished the roles of the curator ad litem (best interests) and the child-directed legal representative (expressed wishes), finding that both roles can coexist depending on the facts. The court found no mala fides in Adv Strauss’s conduct, acknowledged her procedural errors but determined th…
S.A.S v J.M.S (2022/32681) [2025] ZAGPPHC 3 (6 January 2025)
Court
North Gauteng High Court, Pretoria
Case number
2022/32681
Judge
EF Dippenaar
The court found that the respondent, having withdrawn the appeal, is to be treated as an unsuccessful litigant and is liable for the costs of the appeal and the application for leave to appeal. There was no evidence of a compromise between the parties that each would pay their own costs. The correspondence and notices unequivocally reserved the costs to be argued in the main application, and no agreement to the contrary was reached. The argument that the costs issue was res judicata was rejected, as it conflated the main application with the subsequent appeal process. The court exercised its…
B.S v M.J.J.D.J and Another (2024/061371) [2024] ZAGPPHC 1372 (26 December 2024)
Court
North Gauteng High Court, Pretoria
Case number
2024/061371
Judge
de Vos
The Court found that the applicant failed to establish any factual or legal basis for the relief sought. The applicant's concerns about the strength of the medication were unsupported by evidence, and she did not dispute the necessity or professional prescription of the treatment. The respondents provided overwhelming evidence that the medical care was appropriate, necessary, and in the child's best interests. The applicant's refusal of consent was found to be unreasonable and motivated by personal interests rather than the child's welfare. The legislative framework, including section 129(4)…
N.J.B.D. v C.D (8780/2021P) [2024] ZAKZPHC 112 (27 November 2024)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
8780/2021P
Judge
Nicholson AJ
High Court family matter on a child contact dispute, expert evaluation, and urgency. The court ordered phased contact, appointed a curator ad litem and case co-ordinator, and awarded punitive costs.
Louw N.O obo O.O v Road Accident Fund (304/2019) [2024] ZAFSHC 221 (4 June 2024)
Court
Free State High Court, Bloemfontein
Case number
304/2019
Judge
M.T. Jordaan
The court found that the minor suffered significant injuries, including mild to moderate traumatic brain injury and orthopaedic injuries, as a direct result of the collision. Expert evidence established that these injuries led to neurocognitive and psychological deficits, negatively impacting the minor's educational attainment and future earning capacity. The court accepted the actuarial calculations and expert opinions, finding that the minor would have achieved matric and a post-school certificate but for the accident, and now, with support, may still complete matric but with reduced earnin…
Louw obo Msibi v Road Accident Fund (34385/2019) [2024] ZAGPJHC 479 (20 May 2024)
Court
South Gauteng High Court, Johannesburg
Case number
34385/2019
Judge
Horn AJ
The High Court awarded damages for loss of earnings after a severe road accident injury, rejecting higher contingency deductions and awarding costs on scale B.
Sibuyi N.O obo MMG v Road Accident Fund (RAF 68/2022) [2024] ZANWHC 92 (27 March 2024)
Court
North West High Court, Mafikeng
Case number
RAF 68/2022
Judge
S Mfenyana
The court found that the plaintiff had proved, on a balance of probabilities, entitlement to general damages and future loss of earnings for [M…M…G] arising from severe injuries sustained in the motor vehicle collision. The expert evidence was uncontested, establishing permanent neurocognitive and neurophysical impairment, functional unemployability, and significant loss of amenities of life. The court accepted the actuarial scenario with a 25% post-morbid contingency deduction, factoring in the disability grant received. The quantum awarded for future loss of earnings was R999,551.25, and fo…