LPL4802
Assignment 1 Semester 1
Unique No: 271981
Due 26 March 2026
, REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case Number: 2022/03746
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: YES
(3) REVISED.
03/11/2023
______________ ______ ____
DATE SIGNATURE
In the matter between:
JORDAAN, JEANINE MARIA Plaintiff
AND
THE ROAD ACCIDENT FUND Defendant
JUDGMENT
OPPERMAN AJ
1
, Introduction
[1] The plaintiff is claiming damages suffered by the plaintiff arising from the injuries
that she sustained as a result of a motor vehicle accident that occurred on 5 May
2018, as well as loss of support suffered by the plaintiff and her two minor
children due to the death of the family's breadwinner in the accident. The
defendant previously conceded that the negligence of the insured driver was the
sole cause of the accident.
[2] In her particulars of claim, the plaintiff claims damages for personal injuries
sustained as well as loss of support for her and the minor children in the amount
of R2 300 000.00. In her application for default judgment, the plaintiff claims an
amount of R2 500 000.00.
The default judgment application
[3] This matter came before me on 24 October 2023 for default judgment on the
basis that the defendant failed to file an appearance to defend. According to the
documents filed of record, summons was served on the defendant on 14 June
2022.
[4] On 23 October 2023, the plaintiff served and filed a notice in terms of Rule 28(1)
of the Uniform Rules, dated 18 October 2023, amending the quantum claimed,
as follows —
a. Payment in the amount of R5 007 673.00 in respect of past and future medical
expenses, past and future loss of earnings and generals; and
b. Payment in the amount of R3 848 956.99 in respect of past and future loss of
support.
[5] As a result of this proposed amendment, the quantum is now set to the tune of
R 8 856 629.99 as opposed to R2 300 000.00 as claimed in the particulars of
claim.
[6] Unsurprisingly, the defendant then filed a notice of intention to defend on 23
October 2023, a day before the hearing. I use the word “unsurprisingly” because
in a number of matters during my stints in the default judgment trial court it has
2
Assignment 1 Semester 1
Unique No: 271981
Due 26 March 2026
, REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case Number: 2022/03746
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: YES
(3) REVISED.
03/11/2023
______________ ______ ____
DATE SIGNATURE
In the matter between:
JORDAAN, JEANINE MARIA Plaintiff
AND
THE ROAD ACCIDENT FUND Defendant
JUDGMENT
OPPERMAN AJ
1
, Introduction
[1] The plaintiff is claiming damages suffered by the plaintiff arising from the injuries
that she sustained as a result of a motor vehicle accident that occurred on 5 May
2018, as well as loss of support suffered by the plaintiff and her two minor
children due to the death of the family's breadwinner in the accident. The
defendant previously conceded that the negligence of the insured driver was the
sole cause of the accident.
[2] In her particulars of claim, the plaintiff claims damages for personal injuries
sustained as well as loss of support for her and the minor children in the amount
of R2 300 000.00. In her application for default judgment, the plaintiff claims an
amount of R2 500 000.00.
The default judgment application
[3] This matter came before me on 24 October 2023 for default judgment on the
basis that the defendant failed to file an appearance to defend. According to the
documents filed of record, summons was served on the defendant on 14 June
2022.
[4] On 23 October 2023, the plaintiff served and filed a notice in terms of Rule 28(1)
of the Uniform Rules, dated 18 October 2023, amending the quantum claimed,
as follows —
a. Payment in the amount of R5 007 673.00 in respect of past and future medical
expenses, past and future loss of earnings and generals; and
b. Payment in the amount of R3 848 956.99 in respect of past and future loss of
support.
[5] As a result of this proposed amendment, the quantum is now set to the tune of
R 8 856 629.99 as opposed to R2 300 000.00 as claimed in the particulars of
claim.
[6] Unsurprisingly, the defendant then filed a notice of intention to defend on 23
October 2023, a day before the hearing. I use the word “unsurprisingly” because
in a number of matters during my stints in the default judgment trial court it has
2
