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AI summary
The High Court in Johannesburg dealt with an application by the Road Accident Fund to rescind an order made on 16 February 2024. The judgment says the RAF was represented at the hearing, had an opportunity to address the Court, and failed to show grounds for rescission under Rule 42 or at common law. The application was dismissed and costs were awarded on the party-and-party scale, including counsel on Scale B.
This appears to concern rescission procedure and costs in a Road Accident Fund matter.
Evidence from source
the Road Accident Fund (“the RAF”), applies under Uniform Rule 42 and the common law to rescind the order granted by Weideman AJ on 16 February 2024.
Supports: plain summary sentence 1
The applicant has now conceded that the allegation in its founding affidavit that it was absent when the order was granted is incorrect.
Supports: plain summary sentence 2
The application for rescission is dismissed. 2. The applicant shall pay the respondent’s costs on the party-and-party scale, including the costs of counsel on Scale B.
Supports: plain summary sentence 3