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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

 

CASE NO: 2021/49003

 

1. Reportable: No

2. Of interest to other judges: No

3. Revised

21 MAY 2025

 

WRIGHT J

 

RAND MUTUAL ASSURANCE LTD                                             Plaintiff

 

and

 

ROAD ACCIDENT FUND                                                             Defendant

 

JUDGMENT

 

WRIGHT J

 

1.  This trial is to be postponed as the defendant belatedly wishes to amend its plea. This issue was raised for the first time, today, when the case was called.

 

2.  Both sides agreed that the matter be postponed. It was agreed that the defendant file its notice under Rule 28(1) of its intention to amend by 11 June 2025 at 4pm.

 

3.  Adv ZD Maluleke for Rand Mutual asked that the defendant be ordered to pay the wasted costs of trial on the attorney and client scale, including the costs of counsel.

 

4.  Mr Klaas, for the Fund argued against attorney and client costs but in my view there is no answer to a request for punitive costs.

 

ORDER

 

1.  The trial is postponed sine die.

 

2.  The defendant is to file its notice under Rule 28(1) of its intention to amend by 11 June 2025 at 4pm.

 

3.  The defendant is to pay the plaintiff’s wasted costs of trial on the attorney and client scale, including costs of counsel.

 

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg

 

HEARD:                 21 MAY 2025

DELIVERED:          21 MAY 2025

APPEARANCES :

Plaintiff                 Adv ZD Maluleke

                              adv.malulekezd222gmail.com

                              081 726 4422

Instructed by       Mamuthuntsha Attorneys

                              info@mamathuntshaatt.co.za

                              011 492 0622

 

Defendant            Att Lutho Klaas

                              067 383 2849

                              Luthok@raf.co.za

Instructed by       Road Accident Fund

                              State Attorney

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