G v G, In Re: G v G (67/2013) [2015] ZAFSHC 99 (28 May 2015)

G v G, In Re: G v G (67/2013) [2015] ZAFSHC 99 (28 May 2015)

The court held that the applicant was entitled to join the trustees of the relevant trusts as co-respondents in the counterclaim, as the trusts were alleged to be the alter ego of the respondent and thus had a real and substantial interest in the proceedings. The court found that the applicant was not seeking relief against the trusts under the Divorce Act, but rather a declaratory order regarding their status and assets. The court rejected the respondent's arguments that condonation was required for the late joinder and amendment, noting that Rule 24(2) does not prescribe a time period for such applications and that the interests of justice warranted the joinder. The court exercised its...

Citation
[2015] ZAFSHC 99
Parties
Applicant: A[...] C[...] G[...]; Respondent: G[...] G[...]
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 May 2015
Case Number
67/2013
Procedural Posture
Civil Application / Interlocutory Application for Joinder and Amendment of Counterclaim in Divorce Proceedings
Outcome
Application for joinder and amendment of counterclaim granted; costs to stand over for determination in the main divorce proceedings.
Judges
Williams, WR
Legal Topics
Joinder of Parties, Amendment of Pleadings, Trusts in Divorce, Counterclaim Procedure
Family and Children Civil Procedure Joinder of Parties Amendment of Pleadings Trusts in Divorce Counterclaim Procedure

Case Brief

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Parties

A[...] C[...] G[...]

Applicant

G[...] G[...]

Respondent

Procedural Posture

Civil Application / Interlocutory Application for Joinder and Amendment of Counterclaim in Divorce Proceedings

Legal Issues

  1. 1 Whether the applicant may join trustees of various trusts as co-respondents in the counterclaim in divorce proceedings.
  2. 2 Whether the applicant may amend her counterclaim to include allegations that the trusts are the alter ego of the respondent and that their assets should be considered part of the respondent's estate.
  3. 3 Whether condonation is required for the late joinder and amendment of the counterclaim.

Ratio Decidendi

The court held that the applicant was entitled to join the trustees of the relevant trusts as co-respondents in the counterclaim, as the trusts were alleged to be the alter ego of the respondent and thus had a real and substantial interest in the proceedings. The court found that the applicant was not seeking relief against the trusts under the Divorce Act, but rather a declaratory order regarding their status and assets. The court rejected the respondent's arguments that condonation was required for the late joinder and amendment, noting that Rule 24(2) does not prescribe a time period for such applications and that the interests of justice warranted the joinder. The court exercised its...

Court Disposition

Application for joinder and amendment of counterclaim granted; costs to stand over for determination in the main divorce proceedings.

Orders

  • Prayer 1 of the notice of motion is granted.
  • The costs of the application are to stand over for determination in the divorce proceedings between the applicant and first respondent.