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Radifalane v Road Accident Fund (13337/01) [2004] ZAGPHC 21 (13 February 2004)

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NOT REPORTABLE

IN THE HIGH COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

JOHANNESBURG


CASE NO: 13337/01

DATE:2004-02-1 3


In the matter between

RADIFALANE PUSELETSO............................................................................................Plaintiff

and

ROAD ACCIDENT FUND........................................................................................... Defendant


ORDER


WILLIS J: Having noted that the defendant has conceded the merits of the case in favour of the plaintiff today, and ordered the defendant to pay the plaintiff's costs of today, the defendant then applied for a separation of the issue of quantum from the issue of merits in terms of rule 33(4).

The relevant portion of this rule in relation to such an application reads as follows:-

"The court shall, on the application of any party, make such order unless it appears that the questions cannot conveniently leave aside it separately."


Especially now that the merits have been conceded it seems to me that there is really no argument against there being a separation, although the issue is largely academic in any event. I would note that it is a matter of routine in cases of such a nature for the court to order a separation of quantum from the merits.

Accordingly an order is made as requested by Mr Musi for the defendant.