Heunis v Heunis (989/2020) [2021] ZAECPEHC 28 (7 May 2021)

Heunis v Heunis (989/2020) [2021] ZAECPEHC 28 (7 May 2021)

The court found that the defendant's conduct during the marriage and litigation was unreasonable and contributed to the prolongation and complexity of the proceedings. The defendant failed to file discovery as ordered, withheld consent for necessary medical procedures and schooling for the minor child, and maintained positions contrary to the recommendations of the family advocate and counsellor. The plaintiff was substantially successful in her claims, and the defendant's financial position was significantly stronger. Considering the means and conduct of the parties, and the objectives of section 10 of the Divorce Act, the court held that it was just for the defendant to pay the...

Citation
[2021] ZAECPEHC 28
Parties
Plaintiff: Louise Heunis (Born Cutting); Defendant: Ewert Heunis
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
7 May 2021
Case Number
989/2020
Procedural Posture
Divorce Action / Trial; Judgment on Costs
Outcome
Defendant ordered to pay the plaintiff's costs of suit as taxed or agreed.
Judges
Rugunanan
Legal Topics
Divorce Act Section 10, Costs of Suit, Primary Care and Residency, Maintenance for Minor Child, Accrual System
Family and Children Civil Procedure Divorce Act Section 10 Costs of Suit Primary Care and Residency Maintenance for Minor Child Accrual System

Case Brief

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Parties

Louise Heunis (Born Cutting)

Plaintiff

Ewert Heunis

Defendant

Procedural Posture

Divorce Action / Trial; Judgment on Costs

Legal Issues

  1. 1 Should the defendant be ordered to pay the plaintiff's costs of suit in the divorce action.
  2. 2 What is the impact of the parties' means and conduct on the apportionment of costs under section 10 of the Divorce Act.

Ratio Decidendi

The court found that the defendant's conduct during the marriage and litigation was unreasonable and contributed to the prolongation and complexity of the proceedings. The defendant failed to file discovery as ordered, withheld consent for necessary medical procedures and schooling for the minor child, and maintained positions contrary to the recommendations of the family advocate and counsellor. The plaintiff was substantially successful in her claims, and the defendant's financial position was significantly stronger. Considering the means and conduct of the parties, and the objectives of section 10 of the Divorce Act, the court held that it was just for the defendant to pay the...

Court Disposition

Defendant ordered to pay the plaintiff's costs of suit as taxed or agreed.

Orders

  • The defendant shall pay the plaintiff's costs of suit as taxed or agreed.