About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2022
>>
[2022] ZAGPPHC 468
|
|
Pearton v Road Accident Fund (39667/17) [2022] ZAGPPHC 468 (20 June 2022)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
Case
number: 39667/17
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES: NO
REVISED:
YES
20
JUNE 2022
JEAN-RAY
PEARTON
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.
JUDGMENT
LESO
AJ
INTRODUCTION
[1]
Plaintiff filed leave to appeal
the decision of the court dated 12 April 2022 whereby the
plaintiff’s
claim for loss of earnings and earning capacity was dismissed.
[2]
The plaintiff’s grounds for leave to appeal mainly rest
firstly, on the court’s
rejection of some of the expert's
opinions regarding the loss of earnings and earning capacity.
Secondly, the plaintiff’s
application rests on the ground
court’s analysis of the evidence, the rejection of evidence and
the short or brief analysis
of inconsistencies that were identified
in the evidence before me.
CONCLUSION
[3]
I have read your papers and having heard the counsel’s
submission, I make the
findings as follows:
3.1 that no court will
come to a different conclusion;
3.2 that the applicant
has no prospect of success in the appeal;
3.3 that there is no
question of law that needs ventilation by the Supreme Court of
Appeal.
[4]
Having stated the above, I, therefore, stand by my analysis of
evidence and my judgment
that the plaintiff has not discharged the
onus to prove that he is entitled to loss of earning or loss of
earning capacity.
ACCORDINGLY,
I
MAKE THE FOLLOWING ORDER
:
1]
Plaintiff’s application for leave to appeal is dismissed.
2]
No order as to costs.
Counsel
obo Plaintiff: Adv JF
Mullins SC (082 928 0718)
Adv. L. Coetzee (083 324
9540)
Gildenhuys Malatji Inc.
Obo
Defendant:
Unrepresented
JT
LESO
Acting
Judge of the High Court
Date
of Hearing:
20 June 2022
Judgment
Delivered: 20 June 2022
For
the Plaintiff:
Mullins SC
Attorney:
HW THERON INC
Contact
No:
012
347 2000
Email
Address:
ronel@hwtinc.co.za
For
the Defendant:
Unrepresented