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[2012] ZAGPPHC 33
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Manabile v Road Accident Fund (75061/2009) [2012] ZAGPPHC 33 (17 February 2012)
SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
redacted from this document in compliance with the law
and
SAFLII
Policy
NOT
REPORTABLE
IN
THE NORTH GAUTENG HIGH COURT,
PRETORIA
(REPUBLIC OF SOUTH AFRICA)
Date:
2012-02-17
Case
Number: 75061/2009
MMANCHA
DANIEL
MANABILE
......................................................................................
Plaintiff
and
THE
ROAD ACCIDENT
FUND
....................................................................................
Defendant
JUDGMENT
SOUTHWOOD
J
[1]
When I handed down judgment on 31 January 2012 I granted leave to the
parties to approach the court to amend the costs and consequential
orders.
[2]
On 7 February 2012 the plaintiff's attorney, Gildenhuys Lessing
Malatji, duly approached the court with written submissions
but the
defendant's attorney, Maponya Attorneys, Notaries and Conveyancers,
did not do so. The plaintiff's attorney's letter dated
7 February
2012 attaching the written submissions is marked 'H' and the
submissions themselves are marked 'J'. The draft order
submitted with
the letter and submissions is marked 'K'.
[3]
On 14 February 2012 the plaintiff's attorney addressed a letter to
the court pointing out that the parties had agreed on the
order to be
made. This letter is marked 'L' Attached to the plaintiff's
attorney's letter was a letter from the defendant's attorney
dated 10
February 2012 in which he confirmed that they had agreed on the order
to be made. This letter is marked 'M'. The agreed
draft order is
marked 'X'. There is no reason why the orders contained in this draft
order cannot replace the orders made on 31
January 2012. The draft
order contains the substantive orders made as well as the
consequential and costs orders which the parties
have agreed.
[4]
I make the following order:
The
orders made on 31 January 2012 are replaced by the orders set out in
the agreed draft order of court marked 'X'.
B.R.
SOUTHWOOD
JUDGE
OF THE HIGH COURT
Signed
on this the 16th day of February 2012.
CASE
NO: 75061/2009
HEARD
ON: 29 August 2011 to 1 September 2011
FOR
THE PLAINTIFF: ADV. LINGENFELDER
INSTRUCTED
BY: Gildenhuys Lessing Malatji Inc.
FOR
THE DEFENDANT: ADV. M. HUGO
INSTRUCTED
BY: Maponya Incorporated.
DATE
OF AMENDED JUDGMENT: 17 February 2012
IN
THE NORTH GAUTENG HIGH COURT,
PRETORIA
(REPUBLIC OF SOUTH AFRICA)
CASE
NO: 75061/2003
in
the matter between:-
MMANCHA
DANIEL
MANABILE
..............................................................................
PLAINTIFF
-and-
THE
ROAD ACCIDENT
FUND
..............................................................................
DEFENDANT
DRAFT
ORDER OF COURT
The
Honourable Southwood J orders that:
1.
1.1The
Defendant is to pay to the Plaintiff the amount of R690 446.00 (SIX
HUNDRED AND NINETY THOUSAND, FOUR HUNDRED AND FORTY SIX
THOUSAND
RAND), which amount shall be paid into the trust account of
Gildenhuys Lessing Malatji Incorporated, ABSA Bank, Brooklyn
Branch,
Account Number …........, Branch Code ….....
1.2
The capital amount shall be paid into the above-mentioned trust
account of Gildenhuys Lessing Malatji Incorporated within 14
(FOURTEEN) days from the date of this order.
1.3
Should the Defendant fail to make payment of the capital within 14
(FOURTEEN) days from the date hereof, the Defendant will
be liable
for
interest on the amount due to the Plaintiff at a rate of 15,5%
per annum, from the 15th (FIFTEENTH) day from the date of this order,
to the date of final payment;
1.4
The Defendant is to deliver to the Plaintiff an UNDERTAKING in terms
of
Section 17(4)(a)
of the
Road Accident Fund Act No 56 of 1996
, to
pay the Plaintiff's costs of future accommodation in a hospital or
nursing home, or treatment of, or rendering of a service
or supplying
of goods to him/her, arising out of the above-mentioned injuries
sustained by him/her in the motor vehicle collision
on 30 DECEMBER
2007, and to pay after such costs have been incurred and upon proof
thereof;
1.5
The Undertaking in terms of
Section 17(4)(a)
shall be delivered to
Gildenhuys Lessing Malatji Incorporated within 14 (FOURTEEN) days
from the date of this order.
2.
2.1
The Defendant is to pay the Plaintiffs taxed or agreed
party-and-party costs, up to and including the date of this order on
High Court Scale, which costs will include, but not be limited to:
2.1.1
The costs of obtaining the reports, addendum reports (if any) and
joint minutes (if any) of the following experts:
2.1.1.1
Dr F A Booyse, Orthopaedic Surgeon;
2.1.1.2
ZAH Radiological Trust;
2.1.1.3
Ms M Adan, Neuropsychologist;
2.1.1.4
Dr JD Erlank, Plastic- and Reconstructive Surgeon;
2.1.1.5
Mr G Whittaker (Algorithm Consultants and Actuaries);
2.1.2
The costs of obtaining the reports, addendum reports and joint
minutes,
as well as the qualifying fees of the following experts:
2.1.2.1
Ms E Jacobs, Occupational Therapist;
2.1.2.2
Ms A Jamotte, Industrial Psychologist;
2.1.3
The reasonable costs of transporting the Plaintiff to the Defendant's
medico-legal examinations;
2.1.4
The costs for preparation of the Plaintiffs bundles of documents for
trial purposes;
2.1.5
Costs of Plaintiffs Counsel on Senior/Junior Scale;
2.1.6
The costs of a consultation between the Plaintiff and his attorney to
discuss the settlement offer received from the Defendant
and the
terms of this order;
2.17
The costs of the interpreter for purposes of trial.
2.2
In the event of the taxation of the Plaintiffs party-and-party
costs, the Plaintiff shall serve the notice of taxation on the
Defendant's attorney of record.
2.3
The Plaintiffs taxed and/or agreed party-and-party costs will be paid
within 14 (FOURTEEN) days from the date upon which same
are taxed by
the Taxing Master and/or agreed between the parties.
2.4
Should the Defendant fail to make payment of the Plaintiffs taxed
and/or agreed party-and-party costs within 14 (FOURTEEN)
days as
indicated in paragraph 5 above, the Defendant shall be liable to pay
interest at the rate of 15.5% per annum as from and
including the
date of taxation of the party-and-party costs, alternatively
settlement of the party-and-party costs, up to and including
the date
of final payment thereof.
BY
ORDER