About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: South Gauteng High Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: South Gauteng High Court, Johannesburg
>>
2024
>>
[2024] ZAGPJHC 506
|
|
Suliman v Road Accident Fund (2019/26898) [2024] ZAGPJHC 506 (23 May 2024)
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case
NO:
2019-26898
1.
REPORTABLE: No
2.
OF INTEREST TO OTHER JUDGES: No
3.
REVISED
23 May 2024
In the matter between:
BULBULIA,
SULIMAN
Plaintiff
and
ROAD
ACCIDENT
FUND
Defendant
JUDGMENT
WRIGHT J
[1]
This action has been settled. Only part of
the question of costs is to be decided by me. The parties have agreed
a draft order which
I am to make an order of court, having decided
the remaining questions of costs.
[2]
Mr Z Khan appears for the plaintiff and Ms
N Mhlongo appears for the Fund.
[3]
The trial was set down for Tuesday, 21 May
2024. The merits and quantum were in issue. On 21 May, no judge was
available. The parties
used that day to talk to each other about
settlement. They settled the merits at 90% in favour of the
plaintiff. Negotiations on
the quantum continued on Wednesday, 22
May. During the early afternoon of 22 May, the Fund made an offer.
The offer was accepted
by the plaintiff this morning, Thursday 23 May
at 9am. The plaintiff agreed to take R2.9m for all heads of damages
except past
hospital and medical expenses, which issue is to be
postponed by agreement.
[4]
Ms Mhlongo concedes party and party costs.
She says that, as from 12 April 2024 when the new Rule 67A came into
operation, the plaintiff
is entitled to costs on scale B. Mr Khan
seeks costs on scale C, the higher scale.
[5]
Mr Khan does not ask for costs for Tuesday,
21 May when the matter stood as no judge was available. He seeks
costs for yesterday
and for today. Ms Mhlongo concedes costs for
yesterday, 22 May.
[6]
Mr Khan says that his client needed a
reasonable time, from yesterday afternoon until this morning, to
consider the Fund’s
offer. He said that he needed to explain
the matter in detail to his client. In my view, the time needed was
reasonable in the
circumstances. This case is an ordinary everyday
matter for lawyers who deal with such cases. But it is a significant
matter for
the plaintiff, Mr Bulbulia. Mr Bulbulia was entitled to
question Mr Khan about the case and the offer. Costs should include
those
for 22 and 23 May 2024.
[7]
The amount settled, R2.9m is large but this
case, from a lawyer’s perspective, is not out of the ordinary.
Scale B is fair
for costs as from 12 April 2024 onwards.
Order
[1]
X
GC
Wright
Judge
of the High Court
Gauteng
Division, Johannesburg
HEARD
:23 May 2024
DELIVERED
:23 May 2024
APPEARANCES
:
Plaintiff
Adv Z Khan
082 697 0108
advkhan@vodamail.co.za
Instructed
by RA Seedat Attorneys
011 492 3337/083 417 2777
raseedat@iafrica.com
Defendant
State Attorney
Ms N Mhlongo
072 452 7151
nkatekom@raf.co.za
Instructed
by RAF
Rhulani Makondo
rhulanim@raf.co.za