A.L (born K) v W.D.L (1307/2016) [2017] ZAECPEHC 26 (18 April 2017)

A.L (born K) v W.D.L (1307/2016) [2017] ZAECPEHC 26 (18 April 2017)

The court found that the applicant's claim for maintenance pendente lite was excessive given the respondent's tender and the applicant's circumstances. The respondent's offer of R25,000 per month for personal expenses, in addition to household expenses and medical costs, was deemed adequate for the interim period pending trial. The applicant's request for a substantial contribution towards costs, including a forensic audit, was not justified at this stage, as she possessed sufficient liquid assets to cover trial preparation. The court held that costs should be taxed according to the rule 43 tariff, as the matter did not present exceptional complexity. The respondent was ordered to pay...

Citation
[2017] ZAECPEHC 26
Parties
Applicant: A.L (born K.); Respondent: W.D.L.
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
18 April 2017
Case Number
1307/2016
Procedural Posture
Urgent Application / Interlocutory (maintenance Pendente Lite and Contribution Towards Costs Pending Divorce Trial)
Outcome
Interim maintenance and access orders granted; contribution towards costs refused; costs to be costs in the main action taxed according to rule 43.
Judges
J W Eksteen
Legal Topics
Maintenance Pendente Lite, Contribution Towards Costs, Divorce Act Section 7 3, Trust Assets in Divorce, Rule 43 Tariff
Family and Children Maintenance Pendente Lite Contribution Towards Costs Divorce Act Section 7 3 Trust Assets in Divorce Rule 43 Tariff

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Parties

A.L (born K.)

Applicant

W.D.L.

Respondent

Procedural Posture

Urgent Application / Interlocutory (maintenance Pendente Lite and Contribution Towards Costs Pending Divorce Trial)

Legal Issues

  1. 1 Whether the applicant is entitled to maintenance pendente lite and the quantum thereof.
  2. 2 Whether the applicant is entitled to a contribution towards costs and the amount to be awarded.
  3. 3 Whether the applicant should be granted access to the holiday home on Thesen Island during the December/January period.

Ratio Decidendi

The court found that the applicant's claim for maintenance pendente lite was excessive given the respondent's tender and the applicant's circumstances. The respondent's offer of R25,000 per month for personal expenses, in addition to household expenses and medical costs, was deemed adequate for the interim period pending trial. The applicant's request for a substantial contribution towards costs, including a forensic audit, was not justified at this stage, as she possessed sufficient liquid assets to cover trial preparation. The court held that costs should be taxed according to the rule 43 tariff, as the matter did not present exceptional complexity. The respondent was ordered to pay...

Court Disposition

Interim maintenance and access orders granted; contribution towards costs refused; costs to be costs in the main action taxed according to rule 43.

Orders

  • The respondent is ordered to pay maintenance to the applicant in the sum of R25,000 per month, payable on or before the first day of each month.
  • The respondent is ordered to pay all household expenses currently paid, including but not limited to rates, taxes, water, electricity, wages for the domestic worker and gardener, medical aid, cell phone, telephone accounts, and insurance.