South Africa Case Law

Van Tonder v Road Accident Fund (2023/013183)

Van Tonder v Road Accident Fund (2023/013183) [2024] ZAGPJHC 1009 (7 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/013183

Judge

T Lipshitz

The court found that the defendant's late filing of its notice of intention to defend and plea constituted an abuse of process, designed to delay proceedings and prejudice the plaintiff. The absence of any explanation for the delay and the lack of a substantive defence justified proceeding with default judgment. The court held that the 'without prejudice' offer made by the defendant was admissible for the limited purpose of demonstrating a tacit acceptance of the seriousness of the plaintiff's injuries, thereby vesting the court with jurisdiction to determine the quantum of general damages. R…

Source excerpt

• Road Accident Fund Act
• Serious Injury Assessment
• Default Judgment
• Quantum Of Damages
• Without Prejudice Privilege
• Loss Of Earnings

Venmop 275 (Pty) Ltd and Another v Cleverland Projects (Pty) and Another (2014/14286)

Venmop 275 (Pty) Ltd and Another v Cleverland Projects (Pty) and Another (2014/14286) [2015] ZAGPJHC 176; 2016 (1) SA 78 (GJ) (3 August 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2014/14286

Judge

J R Peter

High Court review of an arbitration award failed: the settlement-style letter was admissible, no good cause extended time, and the challenge was perempted.

• Arbitration Award Review
• Gross Irregularity
• Peremption
• Good Cause Extension
• Discovery And Evidence
• Without Prejudice Privilege