G v G (01778/2013) [2016] ZAGPJHC 263 (22 September 2016)

G v G (01778/2013) [2016] ZAGPJHC 263 (22 September 2016)

The court found that the evidence of both Mr Gallizio and Mr Nagle established that no tax was payable at the time of conversion of the Pension Preservation Plan into a Living Annuity, but that tax would be payable on the monthly annuity income. The deduction for tax liability in the calculation of the accrual was therefore justified as it reflected a future liability of the respondent's estate. The discharge of the interim order of Van Oosten J was appropriate because its purpose was to maintain the status quo pending the divorce, and it became redundant upon the granting of the divorce order. The appellant failed to demonstrate reasonable prospects that another court would reach a...

Citation
[2016] ZAGPJHC 263
Parties
Appellant: G, K; Respondent: G, A W
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 September 2016
Case Number
01778/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Divorce and Accrual Claims
Outcome
Application for leave to appeal dismissed with costs.
Judges
T.D. Vilakazi
Legal Topics
Accrual System, Living Annuity Taxation, Interim Orders, Costs Award
Family and Children Civil Procedure Accrual System Living Annuity Taxation Interim Orders Costs Award

Case Brief

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Parties

G, K

Appellant

G, A W

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Divorce and Accrual Claims

Legal Issues

  1. 1 Whether the court erred in the calculation of the accrual amount payable by the appellant to the respondent.
  2. 2 Whether the court erred in discharging the interim order of Van Oosten J with costs.
  3. 3 Whether there are reasonable prospects that another court would reach a different conclusion on the disputed orders.

Ratio Decidendi

The court found that the evidence of both Mr Gallizio and Mr Nagle established that no tax was payable at the time of conversion of the Pension Preservation Plan into a Living Annuity, but that tax would be payable on the monthly annuity income. The deduction for tax liability in the calculation of the accrual was therefore justified as it reflected a future liability of the respondent's estate. The discharge of the interim order of Van Oosten J was appropriate because its purpose was to maintain the status quo pending the divorce, and it became redundant upon the granting of the divorce order. The appellant failed to demonstrate reasonable prospects that another court would reach a...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.