D.O.L and Another v Metropolitan Financial Services and Another [2023] ZAGPPHC 455; 62311/2020 (19 June 2023)

D.O.L and Another v Metropolitan Financial Services and Another [2023] ZAGPPHC 455; 62311/2020 (19 June 2023)

The court found that the first respondent's late opposition and filing of answering affidavit should be condoned, as the applicants suffered no prejudice and were partly to blame for incorrect service. The applicants failed to establish any right to the relief sought, as the second applicant's pension interest accrued to him upon retirement prior to the divorce, and the purchase of the annuity was in accordance with the fund rules and statutory provisions. The provisions of section 15(2)(c) of the Matrimonial Property Act did not apply, and the applicants failed to prove an existing, future, or contingent right worthy of protection. The application was dismissed and costs awarded against...

Citation
[2023] ZAGPPHC 455
Parties
Applicant: D[...] O[...] L[...]; Applicant: D[...] K[...] L[...]; Respondent: Metropolitan Financial Services; Respondent: Alexander Forbes Provident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 June 2023
Case Number
62311/2020
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs.
Judges
van der Westhuizen
Legal Topics
Pension Interest Divorce, Matrimonial Property Act, Condonation of Late Filing, Declaratory Relief, Fund Administration, Interdict Service
Family and Children Civil Procedure Banking and Finance Pension Interest Divorce Matrimonial Property Act Condonation of Late Filing Declaratory Relief Fund Administration +1 more

Case Brief

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Parties

D[...] O[...] L[...]

Applicant

D[...] K[...] L[...]

Applicant

Metropolitan Financial Services

Respondent

Alexander Forbes Provident Fund

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the purchase of a living annuity by the second applicant was unlawful and should be set aside for non-compliance with section 15(2)(c) of the Matrimonial Property Act.
  2. 2 Whether the first respondent's late opposition and filing of answering affidavit should be condoned.
  3. 3 Whether the first applicant is entitled to repayment of any portion of the second applicant's pension claim.

Ratio Decidendi

The court found that the first respondent's late opposition and filing of answering affidavit should be condoned, as the applicants suffered no prejudice and were partly to blame for incorrect service. The applicants failed to establish any right to the relief sought, as the second applicant's pension interest accrued to him upon retirement prior to the divorce, and the purchase of the annuity was in accordance with the fund rules and statutory provisions. The provisions of section 15(2)(c) of the Matrimonial Property Act did not apply, and the applicants failed to prove an existing, future, or contingent right worthy of protection. The application was dismissed and costs awarded against...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are to pay the costs, jointly and severally, the one paying the other to be absolved.