Grobbelaar v Grobbelaar [2016] ZAFSHC 48 (24 March 2016)

Grobbelaar v Grobbelaar [2016] ZAFSHC 48 (24 March 2016)

The court found that a substantial lapse of time—nearly three years—since the initial Rule 43 application, due to circumstances beyond the parties' control, constitutes a material change within the meaning of Rule 43(6). However, the applicant failed to justify certain claimed expenses, such as the need for a separate medical fund and interest payments. Accordingly, the maintenance payable by the respondent to the applicant was increased from R12,000.00 to R13,000.00 per month to account for increased expenses due to the effluxion of time. Regarding the contribution towards legal costs, the applicant did not provide sufficient information about future essential disbursements required to...

Citation
[2016] ZAFSHC 48
Parties
Applicant: Anna Catharina Grobbelaar; Respondent: Grobbie Grobbelaar
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
24 March 2016
Case Number
595/2016
Procedural Posture
Urgent Application / Rule 43(6) Variation Application After Initial Maintenance Order
Outcome
Maintenance increased to R13,000.00 per month pendente lite; application for further contribution towards costs dismissed; no order as to costs.
Judges
Phalatsi
Legal Topics
Rule 43 Variation, Maintenance Pendente Lite, Contribution Towards Costs, Material Change of Circumstances
Family and Children Civil Procedure Rule 43 Variation Maintenance Pendente Lite Contribution Towards Costs Material Change of Circumstances

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 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anna Catharina Grobbelaar

Applicant

Grobbie Grobbelaar

Respondent

Procedural Posture

Urgent Application / Rule 43(6) Variation Application After Initial Maintenance Order

Legal Issues

  1. 1 Whether there has been a material change in circumstances justifying variation of the maintenance order under Rule 43(6).
  2. 2 Whether the applicant is entitled to a further contribution towards legal costs before the first day of trial.
  3. 3 What quantum of maintenance is appropriate given the lapse of time and inflation.

Ratio Decidendi

The court found that a substantial lapse of time—nearly three years—since the initial Rule 43 application, due to circumstances beyond the parties' control, constitutes a material change within the meaning of Rule 43(6). However, the applicant failed to justify certain claimed expenses, such as the need for a separate medical fund and interest payments. Accordingly, the maintenance payable by the respondent to the applicant was increased from R12,000.00 to R13,000.00 per month to account for increased expenses due to the effluxion of time. Regarding the contribution towards legal costs, the applicant did not provide sufficient information about future essential disbursements required to...

Court Disposition

Maintenance increased to R13,000.00 per month pendente lite; application for further contribution towards costs dismissed; no order as to costs.

Orders

  • The respondent is ordered to pay maintenance to the applicant pendente lite in the amount of R13,000.00 per month from 1 April 2016, payable on or before the first of each month.
  • The application in respect of contribution towards costs is dismissed.