A.L.G v L.L.G (9207/2020) [2020] ZAWCHC 83 (25 August 2020)

A.L.G v L.L.G (9207/2020) [2020] ZAWCHC 83 (25 August 2020)

The court found that the applicant and minor child are entitled to interim maintenance and specific household, educational, and equestrian expenses, but at a reduced scale reflecting the respondent's diminished income due to the Covid-19 pandemic. The applicant's claim for a contribution towards legal costs was granted in part, with the court awarding R200,000 based on the limited information provided and the relative complexity of the case. The court confirmed that contributions towards costs may include amounts already incurred, aligning with constitutional principles of access to justice and equality. The application to strike out certain passages in the respondent's affidavit was...

Citation
[2020] ZAWCHC 83
Parties
Applicant: ALG; Respondent: LLG
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
25 August 2020
Case Number
9207/2020
Procedural Posture
Rule 43 Application / Interim Relief Pending Divorce Proceedings
Outcome
Interim maintenance and specific expenses granted; contribution towards legal costs partially granted; certain affidavit passages struck out; costs awarded to applicant.
Judges
Binns-Ward
Legal Topics
Interim Maintenance, Contribution Towards Costs, Rule 43 Procedure, Accrual System, Parental Responsibility
Family and Children Interim Maintenance Contribution Towards Costs Rule 43 Procedure Accrual System Parental Responsibility

Case Brief

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Parties

ALG

Applicant

LLG

Respondent

Procedural Posture

Rule 43 Application / Interim Relief Pending Divorce Proceedings

Legal Issues

  1. 1 What is the appropriate amount of interim maintenance for the applicant and minor child pending divorce?
  2. 2 Is the applicant entitled to a contribution towards her legal costs, including costs already incurred?
  3. 3 Should the respondent bear specific household, educational, and equestrian expenses?

Ratio Decidendi

The court found that the applicant and minor child are entitled to interim maintenance and specific household, educational, and equestrian expenses, but at a reduced scale reflecting the respondent's diminished income due to the Covid-19 pandemic. The applicant's claim for a contribution towards legal costs was granted in part, with the court awarding R200,000 based on the limited information provided and the relative complexity of the case. The court confirmed that contributions towards costs may include amounts already incurred, aligning with constitutional principles of access to justice and equality. The application to strike out certain passages in the respondent's affidavit was...

Court Disposition

Interim maintenance and specific expenses granted; contribution towards legal costs partially granted; certain affidavit passages struck out; costs awarded to applicant.

Orders

  • The respondent shall pay the applicant R20,000 per month for general living expenses for herself and the minor child, effective 1 July 2020.
  • The respondent shall bear the costs of retaining the applicant and minor child on the current medical aid scheme and pay all reasonable medical expenses not covered by the scheme.