South Africa Case Law

Padi v Dail Direct Versekering Bpk (5871/2007)

Padi v Dail Direct Versekering Bpk (5871/2007) [2008] ZAGPHC 99 (15 April 2008)

Court

High Courts - Gauteng

Case number

5871/2007

Judge

C Pretorius

The court found that the plaintiff proved his case on a balance of probabilities. The expert evidence was admissible and sufficient, as the defendant was aware of the expert's report and had not objected prior to trial. The expert's assessment of the vehicle's irreparable damage and calculation of quantum, including depreciation and salvage value, was accepted. The defendant failed to present any evidence to rebut the plaintiff's case or demonstrate prejudice from procedural non-compliance. Accordingly, the plaintiff was entitled to the claimed amount, less the salvage value, plus interest an…

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• Motor Vehicle Insurance
• Quantum Of Damages
• Expert Evidence
• Rule 36 Discovery

Mdani v Allianz Insurance Ltd. (167/1990)

Mdani v Allianz Insurance Ltd. (167/1990) [1990] ZASCA 119; 1991 (1) SA 184 (AD); (28 September 1990)

Court

Supreme Court of Appeal

Case number

167/1990

Judges

Van Heerden, Nestadt, Kumleben, Eksteen, Goldstone

The Supreme Court of Appeal held that the trial court erred in its interpretation of the Law of Evidence Amendment Act and the precedent in Quntana. The exclusion of Sergeant Basson's evidence regarding the driver's statements was based on a misreading of the law. The only ground for exclusion in Quntana was hearsay, not the vicarious nature of the admission. Section 3(1)(c) of the Act empowers the court to admit hearsay evidence if it is in the interests of justice, and the trial court failed to exercise its discretion accordingly. The matter was remitted to the trial court to properly consi…

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• Hearsay Evidence
• Law Of Evidence Amendment Act
• Vicarious Admissions
• Motor Vehicle Insurance
• Prima Facie Case

General Accident Versekeringsmaatskappy Auid-Afrika v Bailey NO (257/87)

General Accident Versekeringsmaatskappy Auid-Afrika v Bailey NO (257/87) [1988] ZASCA 73; [1988] 4 All SA 614 (AD) (1 June 1988)

Court

Supreme Court of Appeal

Case number

257/87

Judges

Rabie, Jansen, Van Heerden, Smalberger, Kumleben

The court held that when damages are varied on appeal, interest on the judgment debt runs from the trial court’s judgment date, not the appeal date.

• Prescribed Rate Of Interest Act
• Judgment Interest
• Quantum Of Damages
• Motor Vehicle Insurance
• Appeal Procedure
• Judgment-interest

A.A. Onderlinge Assuransie Assosiasie Bpk (in Likwidasie) v Strydom (18/87)

A.A. Onderlinge Assuransie Assosiasie Bpk (in Likwidasie) v Strydom (18/87) [1988] ZASCA 79 (1 June 1988)

Court

Supreme Court of Appeal

Case number

18/87

Judges

Jansen, Hoexter, Nestadt, Boshoff, Steyn

The appeal concerned whether a motorcyclist-passenger’s claim could fail through imputed negligence or contributory negligence. The court dismissed the appeal and upheld full damages.

• Negligence
• Vicarious Liability
• Motor Vehicle Insurance
• Contributory Negligence
• Contributory-negligence
• Vicarious-liability

President Versekeringsmaatskappy Bpk. v Lategan (152/85)

President Versekeringsmaatskappy Bpk. v Lategan (152/85) [1986] ZASCA 51 (19 May 1986)

Court

Supreme Court of Appeal

Case number

152/85

Judges

Trengove, Hoexter, Smalberger

The court held that the insurer failed to prove the respondent had not reported the accident or supplied required details under section 20(1). Appeal dismissed.

• Motor Vehicle Insurance
• Statutory Reporting Obligations
• Burden Of Proof
• Third Party Liability
• Motor-vehicle-insurance
• Statutory-reporting-obligations

Constantia Versekeringsmaatskappy Bpk. v Victor (470/84)

Constantia Versekeringsmaatskappy Bpk. v Victor (470/84) [1985] ZASCA 138; [1986] 2 All SA 6 (A) (29 November 1985)

Court

Supreme Court of Appeal

Case number

470/84

Judges

Rabie, Joubert, Hoexter, Botha, Nicholas

The Supreme Court of Appeal held that the adoption of a child after the wrongful death of his natural parents does not extinguish or reduce the child's right to claim damages for loss of support. The maintenance obligation of the adoptive parent is a new legal duty, distinct from the right to compensation for the loss suffered due to the death of the natural parents. The analogy to a widow's remarriage is inappropriate, as adoption is not a direct consequence of the wrongful death and should not be considered a mitigating factor in the calculation of damages. The damages awarded for loss of s…

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• Loss Of Support
• Adoption Effect On Damages
• Quantification Of Damages
• Motor Vehicle Insurance
• Child Maintenance
• Compensation For Dependants