South Africa: North Gauteng High Court, Pretoria

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

CASE NO:  24362/2016

DATE:  2023-07-27

(1) REPORTABLE:  YES / NO.

(2) OF INTEREST TO OTHER JUDGES:  YES / NO.

(3) REVISED.

DATE: 18/9/2023

SIGNATURE

In the matter between

H STOFFEL                                                                                     Applicant

and

ROAD ACCIDENT FUND                                                               Accused

EX TEMPORE JUDGMENT

HOLLAND-MUTER, J: 

[1]        Matter 6 on our roll, case 24362/2016, it is Hans Stoffel v Road Accident Fund.  The parties argued the matter before me on the heads of arguments and the expert reports of the Plaintiff.  The only aspect in dispute from the defendant's side is the 40% and/or, as she proposed, 25% contingency deducting post, post-accident.  Why you want to deduct the normal 25%?  You sit here with a person who is, the whole person impairment, a WPI of 36%, that is rather high, it is not the normal contingency deductions to apply here.

[2]        I am satisfied under the circumstances, having heard all the parties, that a post-accident deduction of 40% would be fair and justified and therefore grants the order as prayed for. 

[3]        This matter, as indicated, draft order XYZ, is made an order of Court. 

HOLLAND-MUTER, J

JUDGE OF THE HIGH COURT

DATE: 18/9/2023