Botha v Botha (35953/03) [2006] ZAGPHC 206 (24 May 2006)

Botha v Botha (35953/03) [2006] ZAGPHC 206 (24 May 2006)

The court found that there were no reasonable prospects of success on appeal against any of the three costs orders. The applicant's conduct in exercising her discretion regarding access to the children was found to be unfair and the respondent's position was improved by the court's intervention. The costs order against the applicant for the 13 January 2004 application was justified as she was the cause of the dispute. The August 2005 costs order against the respondent was justified as he caused the postponement, but his conduct was not distinguishable from the applicant's overall approach. The September 2005 order for each party to pay their own costs was fair given the intensity of the...

Citation
[2006] ZAGPHC 206
Parties
Applicant: Aletta Maria Botha; Respondent: Louis Johannes Botha
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
24 May 2006
Case Number
35953/03
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Costs Orders
Outcome
Application for leave to appeal dismissed. No order as to costs.
Judges
JCW van Rooyen
Legal Topics
Costs Orders, Variation of Divorce Order, Access to Children, Condonation, Rule 42, Parental Rights
Family and Children Civil Procedure Costs Orders Variation of Divorce Order Access to Children Condonation Rule 42 Parental Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Aletta Maria Botha

Applicant

Louis Johannes Botha

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Costs Orders

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against the three costs orders made in September 2005.
  2. 2 Whether condonation for the late filing of the application for leave to appeal should be granted.
  3. 3 Whether the applicant's conduct justified the costs order against her.

Ratio Decidendi

The court found that there were no reasonable prospects of success on appeal against any of the three costs orders. The applicant's conduct in exercising her discretion regarding access to the children was found to be unfair and the respondent's position was improved by the court's intervention. The costs order against the applicant for the 13 January 2004 application was justified as she was the cause of the dispute. The August 2005 costs order against the respondent was justified as he caused the postponement, but his conduct was not distinguishable from the applicant's overall approach. The September 2005 order for each party to pay their own costs was fair given the intensity of the...

Court Disposition

Application for leave to appeal dismissed. No order as to costs.

Orders

  • The application for condonation for late filing is granted.
  • The application for leave to appeal against the costs orders is dismissed.