Suliman v Road Accident Fund (2019/26898) [2024] ZAGPJHC 506 (23 May 2024)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2024 >> [2024] ZAGPJHC 506 | Noteup | LawCite sino index ## Suliman v Road Accident Fund (2019/26898) [2024] ZAGPJHC 506 (23 May 2024) Suliman v Road Accident Fund (2019/26898) [2024] ZAGPJHC 506 (23 May 2024) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2024_506.html sino date 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 sino noindex make_database footer start