In the case of Lee v Road Accident Fund, the Gauteng
Division of the High Court held that default judgments are not
appealable and that a party's application to seek leave to
appeal a default judgment should be set aside as an irregular
step.
Background
On 10 January 2019, Ms Lee, who was soon to commence her
actuarial studies, was involved in a motor vehicle accident.
Consequently, she suffered a brain injury which prevented her from
pursuing her studies. She instituted an action against the Road
Accident Fund ("RAF") in which she
claimed damages arising from the motor vehicle accident.
The damages included general damages, past medical expenses and
future earning capacity. In November 2020, the RAF accepted
liability for Ms Lee's proven losses, and Ms Lee then proceeded
with her action to determine the value of the losses she had
suffered. The RAF, however, failed to deliver the notice of its
intention to defend the action and also did not put anything
