ECD v BDD (878/2019) [2020] ZAECPEHC 47 (26 November 2020)

ECD v BDD (878/2019) [2020] ZAECPEHC 47 (26 November 2020)

The court found that the applicant does have financial means at her disposal to finance her legal costs and is not required to exhaust all her assets before seeking a contribution. However, the respondent has already made substantial contributions towards the applicant's legal costs, and the previous contribution was intended to cover costs up to the first day of trial, including expert reports. Since the last trial date was set, not much has transpired to justify the amount claimed by the applicant. The applicant has access to banking accounts held in her name, and her reluctance to attend mediation is concerning. The court determined that a further contribution of R300,000.00 would be...

Citation
[2020] ZAECPEHC 47
Parties
Applicant: E[…] C[….] D[…] (born D[…] S[…]); Respondent: B[…] D[…] D[…]
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
26 November 2020
Case Number
878/2019
Procedural Posture
Civil Application / Application for Contribution Towards Legal Costs in Pending Divorce Action
Outcome
Application partially granted. Respondent ordered to pay a further contribution of R300,000.00 towards applicant's costs in the divorce action. Costs of the application to be costs in the cause. Costs for the application for leave to file a supplementary affidavit to be borne by the applicant, including costs of two...
Judges
NG Beshe
Legal Topics
Contribution Towards Legal Costs, Rule 43 Application, Divorce Proceedings, Parity of Arms, Costs Orders
Family and Children Civil Procedure Contribution Towards Legal Costs Rule 43 Application Divorce Proceedings Parity of Arms Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

E[…] C[….] D[…] (born D[…] S[…])

Applicant

B[…] D[…] D[…]

Respondent

Procedural Posture

Civil Application / Application for Contribution Towards Legal Costs in Pending Divorce Action

Legal Issues

  1. 1 Whether the applicant is entitled to a further contribution towards her legal costs in the divorce action.
  2. 2 Whether the amount claimed by the applicant is reasonable and justified.
  3. 3 Whether the respondent possesses the financial means to pay the contribution sought.

Ratio Decidendi

The court found that the applicant does have financial means at her disposal to finance her legal costs and is not required to exhaust all her assets before seeking a contribution. However, the respondent has already made substantial contributions towards the applicant's legal costs, and the previous contribution was intended to cover costs up to the first day of trial, including expert reports. Since the last trial date was set, not much has transpired to justify the amount claimed by the applicant. The applicant has access to banking accounts held in her name, and her reluctance to attend mediation is concerning. The court determined that a further contribution of R300,000.00 would be...

Court Disposition

Application partially granted. Respondent ordered to pay a further contribution of R300,000.00 towards applicant's costs in the divorce action. Costs of the application to be costs in the cause. Costs for the application for leave to file a supplementary affidavit to be borne by the applicant, including costs of two...

Orders

  • Respondent is ordered to pay a further contribution of R300,000.00 towards applicant's costs in the divorce action, to be paid within sixty (60) days from the date of judgment.
  • Costs of this application to be costs in the cause.