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2024
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[2024] ZAGPJHC 442
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Frandsen v Road Accident Fund (2018/85633) [2024] ZAGPJHC 442 (6 May 2024)
IN THE HIGH
COURT OF SOUTH AFRICA
GAUTENG LOCAL
DIVISION, JOHANNESBURG
Case
Number: 20
18/85633
1. Reportable:
No
2. Of interest
to other judges: No
3. Revised: No
6 May 2024
In
the matter between:
FRANDSEN
FRANK HAROLD
Applicant
and
THE
ROAD ACCIDENT
FUND
Respondent
This
Judgment was handed down electronically by circulation to the
parties/their legal representatives by email and by uploading
to the
electronic file on Case Lines. The date for hand-down is deemed to be
06 May 2024.
JUDGMENT:
LEAVE TO APPEAL
Molahlehi
J,
[1]
This is an
application for leave to appeal against the judgment made by this
court on 27 October 2023 in terms of which the applicant’s
claim for damages arising from a motor cycle accident which occurred
on 29 January 2017 was dismissed. The respondent opposed the
application.
[2]
The general approach
when dealing with the application for leave to appeal is now well
established in our law. The test to be applied
is provided for in
section 17 of the Superior Courts Act requires that leave to appeal
may be granted only where a judge
is of the opinion that
there are reasonable prospects of success on appeal or that there are
some other compelling reasons why
leave to appeal should be granted.
[3]
In considering the
grounds of appeal, the submissions made by both parties and the
judgment of this court I am of the view that
there are reasonable
prospects that the appeal court may arrive at a different conclusion
than that of this court. I accordingly
find that the application for
leave to appeal stands to succeed.
Order
[4]
In the circumstances, I make the following order:
1.
The applicant is granted leave to appeal
to the full bench of third Division with the costs to be in the
appeal.
Molahlehi
J
Judge
of the High Court of South Africa
Appearances
For
the Plaintiff: U Jordaan
Instructed
by: Leon JJ Van
Rensburg Attorneys
For
the Defendant: N Moyo
Instructed
by: State Attorneys
Hearing
date: 15 April 2024
Delivered:
06 May 2024