Merryweather’s battle continues
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given an additional two weeks to file his response to an application to have a R10 million damages award in his favour rescinded.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 But Scholtz later came forward and applied to have the judgment rescinded.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.