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