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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

Case number: 58762/2017

REPORTABLE: NO

OF INTEREST TO OTHER JUDGES: NO

REVISED: YES

11 August 2022

 

JUSTIN MYBURGH                                                                     PLAINTIFF

And

THE ROAD ACCIDENT FUND                                                    DEFENDANT

Delivered: this judgment was prepared and authored by the judge whose name is reflected herein and is handed down electronically and by circulation to the parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines.

 

ADDENDUM JUDGMENT

 

LESO AJ

              INTRODUCTION

[1]        The addendum is made pursuant to the judgment that I handed down on 17 June 2022.

[2]        On 27 August 2019, before DJP Ledwaba the parties reached an agreement to settle the merits on the basis that the defendant shall pay 70% of the plaintiff's proven or agreed damages. I found that the plaintiff was entitled to loss of earnings in the amount of R 2 353 864.00 before merits apportionment. In my calculation of the loss of earnings, I made an error by subtracting 70% instead of 30% from the amount of loss of earnings. Consequently, I awarded the plaintiff an amount of R706 159.00 whereas I should awarded an amount of R1 647 704.80 for loss of earning.

[3]        On the judgment it did not make an order regarding general damages.

 

ACCORDINGLY, I MAKE THE FOLLOWING ORDER

1.            The plaintiff's claim for general damages is postponed sine die.

2.            The defendant shall pay the Plaintiff an amount of R 1 647 704.80.

 

 

JT LESO

Acting Judge of the High Court

 

 

Date of Hearing:                            12 October 2021

Judgment Delivered:                     17 June 2022

Date of amended judgment:          12 August 2022

For the Plaintiff:                              Pruyt Inc

Plaintiff’s representative:                Adv Venter

Contact No:                                    082-412 0939

Email Address:                               pieterventer@lawcircle.co.za

For the Defendant:                         Unrepresented

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