Darmalingam N.O v Marques and Another (9256/21) [2022] ZAGPPHC 79 (31 January 2022)

Darmalingam N.O v Marques and Another (9256/21) [2022] ZAGPPHC 79 (31 January 2022)

The court found that the applicant was justified in bringing the main application to obtain directions regarding the division of the joint estate. The objections raised by the first respondent were considered individually. The court upheld objections relating to the need for proper valuation of movable assets, the calculation of liquidator's fees in accordance with statutory tariffs, the inclusion of certain liabilities, and the adjustment for the sale of assets without consent. Other objections, such as those regarding storage costs, legal fees, and municipal charges, were rejected. The amended final account was reviewed and set aside only to the extent of the upheld objections, with...

Citation
[2022] ZAGPPHC 79
Parties
Applicant: Aneel Darmalingam N.O.; Respondent: Ana Paula Real Marques; Respondent: Franklin Bernadino de Soza Marques
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 January 2022
Case Number
9256/21
Procedural Posture
Review Application / Judgment After Opposed Application and Counter Application
Outcome
The amended final account is reviewed and set aside to the limited extent of the upheld objections; otherwise, it is confirmed. The applicant is ordered to correct the account as per the draft order for court approval. Costs of both applications are to be paid from the joint estate.
Judges
Skosana
Legal Topics
Division of Joint Estate, Liquidator Powers, Matrimonial Property Act, Review of Account, Costs Award
Civil Procedure Family and Children Division of Joint Estate Liquidator Powers Matrimonial Property Act Review of Account Costs Award

Case Brief

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Parties

Aneel Darmalingam N.O.

Applicant

Ana Paula Real Marques

Respondent

Franklin Bernadino de Soza Marques

Respondent

Procedural Posture

Review Application / Judgment After Opposed Application and Counter Application

Legal Issues

  1. 1 Whether the applicant's amended final account (AFA) for division of the joint estate should be confirmed or set aside.
  2. 2 Whether the objections raised by the first respondent to the AFA are reasonable and should be upheld.
  3. 3 Whether the liquidator's fees and legal costs should be charged to the joint estate.

Ratio Decidendi

The court found that the applicant was justified in bringing the main application to obtain directions regarding the division of the joint estate. The objections raised by the first respondent were considered individually. The court upheld objections relating to the need for proper valuation of movable assets, the calculation of liquidator's fees in accordance with statutory tariffs, the inclusion of certain liabilities, and the adjustment for the sale of assets without consent. Other objections, such as those regarding storage costs, legal fees, and municipal charges, were rejected. The amended final account was reviewed and set aside only to the extent of the upheld objections, with...

Court Disposition

The amended final account is reviewed and set aside to the limited extent of the upheld objections; otherwise, it is confirmed. The applicant is ordered to correct the account as per the draft order for court approval. Costs of both applications are to be paid from the joint estate.

Orders

  • The applicant's amended final account dated 15 October 2020 is reviewed and set aside to the limited extent expressly recorded.
  • Save as set out above, the amended final account is otherwise confirmed.