Rand Mutual Assurance Ltd v Road Accident Fund (2021/49003) [2025] ZAGPJHC 487 (21 May 2025)
- Citation
- [2025] ZAGPJHC 487
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- South Gauteng High Court, Johannesburg
- Panel
- GC Wright
- Case number
- 2021/49003
More details
- Court
- South Gauteng High Court, Johannesburg
- Panel
- GC Wright
- Case number
- 2021/49003
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the defendant's late intention to amend its plea justified the postponement of the trial. Both parties agreed to the postponement, but the plaintiff sought punitive costs due to the inconvenience and wasted resources. The court determined that there was no valid reason to refuse the request for attorney and client costs, as the defendant's conduct necessitated the postponement and resulted in wasted costs for the plaintiff. Accordingly, the defendant was ordered to pay the plaintiff's wasted costs of trial on the attorney and client scale, including counsel's costs.
Court disposition
Trial postponed sine die; defendant ordered to pay wasted costs on attorney and client scale.
Orders
- The trial is postponed sine die.
- The defendant is to file its notice under Rule 28(1) of its intention to amend by 11 June 2025 at 4pm.
- The defendant is to pay the plaintiff’s wasted costs of trial on the attorney and client scale, including costs of counsel.
02
Material facts
Parties
Rand Mutual Assurance Ltd
Plaintiff Counsel: Adv ZD MalulekeRoad Accident Fund
Defendant Counsel: Att Lutho Klaas03
Procedural history
Posture
Civil Trial / Pre Trial Postponement
04
Questions and positions
Legal issues
- 01
Whether the defendant should be permitted to amend its plea at this late stage.
- 02
Whether the trial should be postponed to allow for the amendment.
- 03
Whether the defendant should be ordered to pay wasted costs on an attorney and client scale.
Party arguments
- Applicant
- The plaintiff, represented by Adv ZD Maluleke, agreed to the postponement but requested that the defendant be ordered to pay the wasted costs of trial on the attorney and client scale, including the costs of counsel, due to the late notice of amendment.
- Respondent
- The defendant, represented by Att Lutho Klaas, opposed the request for attorney and client costs, arguing against the imposition of punitive costs for the postponement.
05
Court’s reasoning
Legal principles
- 01
Uniform Rules of Court, Rule 28(1)
A party seeking to amend pleadings must do so in accordance with Rule 28(1) and provide timely notice to the opposing party.
- 02
South African case law on wasted costs
Where a postponement is necessitated by the conduct of one party, the court may order that party to pay wasted costs, including on a punitive scale if warranted.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the defendant's late intention to amend its plea justified the postponement of the trial. Both parties agreed to the postponement, but the plaintiff sought punitive costs due to the inconvenience and wasted resources. The court determined that there was no valid reason to refuse the request for attorney and client costs, as the defendant's conduct necessitated the postponement and resulted in wasted costs for the plaintiff. Accordingly, the defendant was ordered to pay the plaintiff's wasted costs of trial on the attorney and client scale, including counsel's costs.
Obiter and limits
- The court noted that parties should ensure amendments to pleadings are raised timeously to avoid unnecessary postponements and costs.
- The imposition of punitive costs serves as a deterrent against late procedural changes that disrupt the trial process.
Court disposition
Trial postponed sine die; defendant ordered to pay wasted costs on attorney and client scale.
- The trial is postponed sine die.
- The defendant is to file its notice under Rule 28(1) of its intention to amend by 11 June 2025 at 4pm.
- The defendant is to pay the plaintiff’s wasted costs of trial on the attorney and client scale, including costs of counsel.
Source and reliance status
South Gauteng High Court, Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
South Gauteng High Court, Johannesburg
Judgment
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
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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