Carter v Haworth

The respondent (plaintiff) sustained bodily injuries in a motor vehicle collision on 30 April 2001 while visiting South Africa. She sued the appellant for damages under various heads, including general damages, future medical expenses, and past and future loss of earnings. Liability for the collision was conceded by the appellant, leaving only the quantum of damages for determination. By agreement, the trial court (Cape of Good Hope Provincial Division) was asked to decide issues relating to quantum and to make certain factual findings or assumptions to be referred to an actuary for the calculation of loss of earnings. The trial court indicated that certain amounts for general damages and future medical expenses were reasonable and should be allowed, made factual assumptions for actuarial calculation, and awarded costs, but did not make a final order directing payment of damages.

The appeal was struck from the roll. Each party was left to bear its own costs.

The case is significant for South African appellate practice as it reaffirms the strict requirements for appealability of judgments. It underscores the necessity of a final, operative order for a decision to be appealable and clarifies that interlocutory steps or partial findings, particularly in quantum determinations involving actuarial calculations, do not constitute appealable judgments.