Mer­ry­weather’s bat­tle con­tin­ues

Weekend Argus (Saturday Edition) - - NEWS - WEEKEND AR­GUS REPORTER

AN­DREW Mer­ry­weather, who was paral­ysed in a vi­o­lent scuf­fle with a group of school­boys in New­lands in 2006, has been given an ad­di­tional two weeks to file his re­sponse to an ap­pli­ca­tion to have a R10 mil­lion dam­ages award in his favour re­scinded. The man who lodged the re­cis­sion ap­pli­ca­tion, Oliver Scholtz, was ac­quit­ted of crim­i­nal charges af­ter the at­tack, along with his peers Joel Thack­wray, Liam Hechter, Michael Enslin, Justin Maxwell and Sa­muel David­son.

In 2009, af­ter their ac­quit­tal, Mer­ry­weather in­sti­tuted a dam­ages ac­tion against Scholtz, Hechter and Thack­wray. He aban­doned his case against Hechter and Thack­wray, and Scholtz could not be traced. Mer­ry­weather’s at­tor­neys ob­tained a court or­der al­low­ing them to serve no­tice of the ac­tion via pub­li­ca­tion in a Bri­tish news­pa­per.

Scholtz was later found li­able for Mer­ry­weather’s in­juries in a de­fault judg­ment. In June, the case re­turned to court for the amount of dam­ages to be de­cided. Nei­ther Scholtz nor his le­gal rep­re­sen­ta­tive was present, and the court awarded R10m to Mer­ry­weather. But Scholtz later came for­ward and ap­plied to have the judg­ment re­scinded.

Mer­ry­weather is op­pos­ing his bid.

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