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South Africa Case Law

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Delict [2024] ZAFSHC 363

Z.R.S obo L.T.S v Road Accident Fund (277/2021)

Z.R.S obo L.T.S v Road Accident Fund (277/2021) [2024] ZAFSHC 363 (15 November 2024)

High Court RAF damages case involving a child with pre-existing cognitive difficulties; the court applied a 25% contingency deduction and ordered compensation, costs, and a trust.

  • Road Accident Fund Act
  • Loss Of Earnings
  • Contingency Deductions
  • General Damages
  • Trust Creation
  • Road-accident-fund
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Delict [2024] ZAFSHC 348

Mofokeng v Road Accident Fund (69/2017)

Mofokeng v Road Accident Fund (69/2017) [2024] ZAFSHC 348 (7 November 2024)

The court found that the plaintiff suffered a moderate concussive head injury with associated brain injury, confirmed by expert evidence, resulting in epilepsy, cognitive impairment, and ongoing pain and discomfort. The orthopaedic injury, while healed, still caused pain but did not preclude continued work as a taxi driver. The neuro-psychiatric sequelae, including memory loss, depression, and behavioural changes, significantly compromised the plaintiff's quality of life. After considering comparable awards and the specific facts, the court determined that R850,000 was a just and fair amount…

  • Road Accident Fund Act
  • General Damages
  • Personal Injury
  • Expert Evidence
  • Trust Creation
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Civil Procedure [2022] ZAGPJHC 705

M and Another v D (41339/2018)

M and Another v D (41339/2018) [2022] ZAGPJHC 705 (19 September 2022)

The High Court found the respondent in contempt for failing to create a trust and transfer property under a 1997 divorce settlement order.

  • Contempt Of Court
  • Settlement Agreement
  • Trust Creation
  • Divorce Order Enforcement
  • Contempt-of-court
  • Divorce-settlement
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Delict [2022] ZAGPJHC 29

ME obo NPM v MEC for Health, Gauteng (9257/2017)

ME obo NPM v MEC for Health, Gauteng (9257/2017) [2022] ZAGPJHC 29 (21 January 2022)

High Court damages judgment for a child injured at birth, awarding agreed delictual quantum, ordering a trust, and separating some medical-cost issues.

  • Medical Negligence
  • Quantification Of Damages
  • Cerebral Palsy
  • Future Loss Of Earnings
  • Trust Creation
  • Contingency Deduction
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Civil Procedure [2019] ZAWCHC 151

W.D v Road Accident Fund (12648/2014; 4082/2016; 20263/2013)

W.D v Road Accident Fund (12648/2014; 4082/2016; 20263/2013) [2019] ZAWCHC 151 (15 November 2019)

High Court considered trust versus curator bonis for RAF settlement funds and used the Guardian’s Fund for a minor’s award.

  • Curatorship
  • Guardians Fund
  • Trust Creation
  • Road Accident Fund Settlement
  • Mental Incapacity
  • Costs Award
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Delict [2019] ZAGPPHC 563

Mpulwane v Road Accident Fund (46661/2016)

Mpulwane v Road Accident Fund (46661/2016) [2019] ZAGPPHC 563 (25 October 2019)

The High Court awarded compensation for severe burn injuries, accepted the plaintiff’s contingency calculations, and ordered a trust to manage the proceeds.

  • Personal Injury
  • Loss Of Earning Capacity
  • General Damages
  • Contingency Deductions
  • Trust Creation
  • Personal-injury
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Delict [2019] ZAGPPHC 49

Sayed NO v Road Accident Fund (25897/17)

Sayed NO v Road Accident Fund (25897/17) [2019] ZAGPPHC 49 (6 March 2019)

The High Court awarded R1 million in general damages for serious brain and cognitive injuries after a motor collision, and approved a trust for the claimant.

  • Road Accident Fund Act
  • General Damages
  • Personal Injury
  • Brain Injury
  • Trust Creation
  • Road-accident-fund
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Civil Procedure [2018] ZAFSHC 33

Hamilton and Another v Badenhorst and Others (5348/2017)

Hamilton and Another v Badenhorst and Others (5348/2017) [2018] ZAFSHC 33 (29 March 2018)

The court dismissed an application to validate and register a draft inter vivos trust, holding that no valid trust agreement existed and the bequest could not be enforced.

  • Trust Creation
  • Testamentary Disposition
  • Capacity To Contract
  • Wills Act Compliance
  • Beneficiary Existence
  • Trust-creation
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Delict [2017] ZAGPPHC 1094

Nxopo v RAF (49944/2014)

Nxopo v RAF (49944/2014) [2017] ZAGPPHC 1094 (24 October 2017)

The High Court held that the plaintiff suffered loss of earning capacity from accident-related cognitive and physical injuries and awarded R3,856,390.

  • Loss Of Earning Capacity
  • Contingency Deductions
  • Road Accident Fund Claim
  • Expert Evidence
  • Trust Creation
  • Loss-of-earning-capacity
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Delict [2017] ZAGPPHC 672

Nel obo Moasi v Road Accident Fund (74582/14)

Nel obo Moasi v Road Accident Fund (74582/14) [2017] ZAGPPHC 672 (12 October 2017)

The High Court awarded past and future loss of earnings against the Road Accident Fund, applied 80/20 apportionment, and approved a trust to manage the award.

  • Road Accident Fund Act
  • Loss Of Earnings
  • Contingency Deductions
  • Curator Ad Litem
  • Trust Creation
  • Road-accident-fund
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.