Rand Mutual Assurance Ltd v Road Accident Fund (2021/49003) [2025] ZAGPJHC 487 (21 May 2025)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2025 >> [2025] ZAGPJHC 487 | Noteup | LawCite sino index ## Rand Mutual Assurance Ltd v Road Accident Fund (2021/49003) [2025] ZAGPJHC 487 (21 May 2025) Rand Mutual Assurance Ltd v Road Accident Fund (2021/49003) [2025] ZAGPJHC 487 (21 May 2025) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2025_487.html sino date 21 May 2025 ###### IN THE HIGH COURT OF SOUTH AFRICA 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 sino noindex make_database footer start