Dorfling v Dorfling (3197/2005) [2011] ZAECPEHC 6 (8 March 2011)

Dorfling v Dorfling (3197/2005) [2011] ZAECPEHC 6 (8 March 2011)

The court found that the defendant is in need of a contribution towards her litigation costs and that the plaintiff, despite limited means, is able to afford a reduced contribution. The evidence did not support the full amount claimed by the defendant, as her suspicions regarding the plaintiff's assets were not substantiated. The court determined that the plaintiff's available funds, including his bank balance and pension, justified a contribution of R10,000.00, which is reasonable in the circumstances. The costs of the application are to be costs in the cause.

Citation
[2011] ZAECPEHC 6
Parties
Plaintiff: Stephanus George Dorfling; Defendant: Hester Aletta Dorfling (born Jacobs)
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
8 March 2011
Case Number
3197/2005
Procedural Posture
Rule 43 Application / Application for Contribution Towards Costs Pending Divorce Action
Outcome
Application granted in part; plaintiff ordered to pay a reduced contribution towards defendant's costs.
Judges
P.W. Tshiki
Legal Topics
Contribution to Costs, Duty of Support, Matrimonial Litigation, Rule 43 Procedure
Family and Children Contribution to Costs Duty of Support Matrimonial Litigation Rule 43 Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Stephanus George Dorfling

Plaintiff

Hester Aletta Dorfling (born Jacobs)

Defendant

Procedural Posture

Rule 43 Application / Application for Contribution Towards Costs Pending Divorce Action

Legal Issues

  1. 1 Whether the defendant is entitled to a contribution towards her legal costs in the divorce action.
  2. 2 Whether the plaintiff has the financial means to pay the amount claimed by the defendant.
  3. 3 What is a reasonable quantum for the contribution towards costs in the circumstances.

Ratio Decidendi

The court found that the defendant is in need of a contribution towards her litigation costs and that the plaintiff, despite limited means, is able to afford a reduced contribution. The evidence did not support the full amount claimed by the defendant, as her suspicions regarding the plaintiff's assets were not substantiated. The court determined that the plaintiff's available funds, including his bank balance and pension, justified a contribution of R10,000.00, which is reasonable in the circumstances. The costs of the application are to be costs in the cause.

Court Disposition

Application granted in part; plaintiff ordered to pay a reduced contribution towards defendant's costs.

Orders

  • Plaintiff is ordered to pay the defendant a contribution of R10,000.00 towards her legal costs in the divorce litigation.
  • The amount must be paid to the defendant no later than 30 April 2011.