IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
REPORTABLE: NO OF INTEREST TO OTHER JUDGES: NO REVISED: YES ……………………………… ……………………. SIGNATURE DATE
20 JUNE 2022
JEAN-RAY PEARTON PLAINTIFF
And
THE ROAD ACCIDENT FUND DEFENDANT
Delivered: this judgment was prepared and authored by the judge whose name is reflected herein and is handed down electronically and by circulation to the parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines.
JUDGMENT
LESO AJ
INTRODUCTION
[1] Plaintiff filed leave to appeal the decision of the court dated 12 April 2022 whereby the plaintiff’s claim for loss of earnings and earning capacity was dismissed.
[2] The plaintiff’s grounds for leave to appeal mainly rest firstly, on the court’s rejection of some of the expert's opinions regarding the loss of earnings and earning capacity. Secondly, the plaintiff’s application rests on the ground court’s analysis of the evidence, the rejection of evidence and the short or brief analysis of inconsistencies that were identified in the evidence before me.
CONCLUSION
[3] I have read your papers and having heard the counsel’s submission, I make the findings as follows:
3.1 that no court will come to a different conclusion;
3.2 that the applicant has no prospect of success in the appeal;
3.3 that there is no question of law that needs ventilation by the Supreme Court of Appeal.
[4] Having stated the above, I, therefore, stand by my analysis of evidence and my judgment that the plaintiff has not discharged the onus to prove that he is entitled to loss of earning or loss of earning capacity.
ACCORDINGLY, I MAKE THE FOLLOWING ORDER:
1] Plaintiff’s application for leave to appeal is dismissed.
2] No order as to costs.
Counsel obo Plaintiff: Adv JF Mullins SC (082 928 0718)
Adv. L. Coetzee (083 324 9540)
Gildenhuys Malatji Inc.
Obo Defendant: Unrepresented
. _______________________________
JT LESO
Acting Judge of the High Court
Date of Hearing: 20 June 2022
Judgment Delivered: 20 June 2022
For the Plaintiff: Mullins SC
Attorney: HW THERON INC
Contact No: 012 347 2000
Email Address: ronel@hwtinc.co.za
For the Defendant: Unrepresented
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