Brevis v Road Accident Fund (39035/2018)
Brevis v Road Accident Fund (39035/2018) [2024] ZAGPJHC 725 (12 August 2024)
The court held that the RAF cannot be compelled to file a summary of its neurologist's expert opinion under Rule 36(9)(b) when no report exists and the RAF has elected not to call any expert witnesses. The application was brought under Rule 36(9), which only applies where a party intends to call an expert witness and has a summary to provide. The court declined to evaluate the RAF's obligations under Rule 36(8) in the absence of proper argument and given the application was not brought under that rule. Accordingly, the relief sought was not competent and the application was dismissed.
Source excerpt
- Uniform Rules Of Court Rule 36
- Expert Evidence
- Medical Examination
- Interlocutory Relief