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IN THE HIGH COURT OF SOUTH AFRICA

(TRANSVAALSE PROVISIONAL DIVISION)

Case number: 31684/2003

Date: 26 May 2006

UNREPORTABLE

In the matter between:

ROAD ACCIDENT FUND Plaintiff

and

SUSANNA MAGDALENA SMIT obo Zalizna Respondent

LEAVE TO APPEAL JUDGMENT

PRETORIUS J,

I have considered the reasons for applying for leave to appeal by the Defendant.

I have perused the evidence and judgment again. I have also noted that Adv. Ferreira SC conceded during argument that the contingency post-morbid should be 60% and not 50%.

I am of the opinion that another Court will not come to a different conclusion having regard to all the evidence. My reasons for judgment are set out in the judgment.

I make the following order:

The application for leave to appeal is dismissed with costs.

Judge Pretorius

Case number : 31684/2003

Heard on : 26 May 2006

For the Applicant / Plaintiff : Adv NGD Maritz SC

Adv MM Lingerfelder

Instructed by : Adams & Adams

For the Respondent I Defendant. : Adv AC FerreiraSC

Adv CM Dredge

Instructed by : MSMM Inc.

Date of Judgment : 26 May 2006

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