Glenn Marc Bee v The Road Acci
Publish date: 03 April 2018
Issue Number: 4430
Diary: Legalbrief Today
Category: General
Glenn Marc Bee v The Road Accident Fund (093/2017) [2018] ZASCA 52 (29 March 2018)
Claim for damage to earning capacity – plaintiff and his brother each owned 50 per cent of close corporation – present case distinguishable from Rudman – plaintiff’s claim permissibly quantified with reference to corporation’s diminished profits – collateral source rule – plaintiff’s post-injury earnings, to extent they exceeded a market related salary for his reduced role, the result of benevolence – correctly disregarded – effective case management – joint minute of experts reflecting agreement on various matters and isolating matters still in dispute – such agreement defines issues for trial in absence of timeous repudiation by a party.
Tender evaluation and adjudication – challenges based, inter alia, on s 6(2)(b) of the Promotion of Administrative Justice Act 3 of 2000 – whether acceptable tender in terms of s 7 of the Preferential Procurement Policy Framework Act 5 of 2000 read with applicable regulation – whether regulation dealing with minimum staffing of water works endures despite repeal of a number of statutes regulating the provision of water to the public – savings provisions examined and applied.
Actio aquae pluviae arcendae – interdict – stormwater from higher property discharging into municipal stormwater drainage system – combined with water from road and other properties – increasing flow in watercourse on lower property – discharging in accordance with approved plans – discharge lawful – alternative claim based on neighbour law unjustified.
Road Accident Fund v Abrahams (276/2017) [2018] ZASCA 49 (29 March 2018)
Road Accident Fund Act 56 of 1996 – section 17: whether a driver in a single motor vehicle accident is entitled to claim under the provisions of section 17 of the Road Accident Fund Act.
Shaw & another v Mackintosh & Another (267/17) [2018] ZASCA 53 (29 March 2018)
National Credit Act 34 of 2005 (the NCA) – co-principal debtors – whether transaction is a credit guarantee in terms of s 8(5) of the NCA – whether credit provider required to register in terms of s 40 of the NCA.
