South Africa: North Gauteng High Court, Pretoria

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[2022] ZAGPPHC 583
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Myburgh v The Road Accident Fund (58762/2017) [2022] ZAGPPHC 583 (12 August 2022)
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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