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South Africa decisions
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Marais and Another v Klopper N.O. and Others - Leave to Appeal (4786/2019) [2023] ZAFSHC 408 (26 October 2023)
The High Court granted leave to appeal in a property-sale damages dispute, finding arguable prospects on the quantification of damages and agent’s commission.
Zangwa v Road Accident Fund (1188/2018) [2019] ZAGPPHC 459 (14 August 2019)
The High Court set contingency deductions for a Road Accident Fund loss-of-earnings claim after finding only partial proof of accident-related impairment.
Daniels v Minister of Defence (8462/2012) [2016] ZAWCHC 74; 2016 (6) SA 561 (WCC) (21 June 2016)
The High Court held the Minister liable for negligent medical treatment at 2 Military Hospital and rejected the defence that the plaintiff refused consent.
T obo T v Member of the Executive Council for Health And Social Development of the Gauteng Provincial Government (28471/2012) [2015] ZAGPJHC 141 (16 July 2015)
The court found that the plaintiff had proven the quantum of damages necessary for the minor child's future medical and related needs, based on expert evidence and joint minutes. The defendant's argument that the plaintiff should mitigate damages by relying on state facilities was rejected, as it would be unreasonable and contrary to the interests of finality in litigation. The court held that the defendant cannot dictate the form of compensation and must pay proven damages. The court also rejected the defendant's plea to exclude future medical expenses from the contingency fee agreement, fin…
Source excerpt
Derby-Lewis v Minister of Veiligheid en Sekuriteit (20193/2004) [2014] ZAGPPHC 587 (14 August 2014)
Court quantified damages after finding unlawful arrest, detention, and malicious prosecution, awarding compensation and criminal-trial legal costs.
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