South Africa Case Law

Road Accident Fund v Izaakse N.O (13350/14)

Road Accident Fund v Izaakse N.O (13350/14) [2024] ZAGPPHC 796 (6 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

13350/14

Judge

E van der Schyff

The court found that the Road Accident Fund failed to provide a reasonable and acceptable explanation for its default, as the notice of set down was properly served on its attorneys and the claims handler. The amendment of the quantum was effected in accordance with Rule 28(10), and the RAF had access to all relevant documents prior to trial. The RAF did not demonstrate a bona fide defence on the merits, as the existence of pre-existing injuries was not supported by expert evidence and did not constitute a defence. The judgment was not erroneously obtained, and Rule 42(1)(a) did not apply. Th…

Source excerpt

• Rescission Of Judgment
• Default Judgment
• Rule 42
• Rule 28 Amendment
• Talem Qualem Principle