N v N (223/2017) [2019] ZAFSHC 101 (28 June 2019)

N v N (223/2017) [2019] ZAFSHC 101 (28 June 2019)

The court found that the respondent had paid the amount of R5000.00 prior to the hearing of the application, thereby complying with the relevant court order. The applicant did not amend the notice of motion to address subsequent non-compliance, and the supplementary affidavit referred to obligations not part of the current application. As there was no disobedience of the court order for the period in question, the applicant was not entitled to an order for contempt or costs on an attorney and client scale. The only issue remaining was costs, which the court apportioned based on the timing of payment and opposition.

Citation
[2019] ZAFSHC 101
Parties
Plaintiff: M[….] N[….]; Defendant: C[….] G[….] N[….]
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 June 2019
Case Number
223/2017
Procedural Posture
Civil Application / Costs and Contempt Application Following Divorce Order
Outcome
Application dismissed. Costs apportioned between the parties based on timing of payment and opposition.
Judges
S.G.Meintjes
Legal Topics
Divorce Settlement Enforcement, Contempt of Court, Costs Award
Family and Children Civil Procedure Divorce Settlement Enforcement Contempt of Court Costs Award

Case Brief

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Parties

M[….] N[….]

Plaintiff

C[….] G[….] N[….]

Defendant

Procedural Posture

Civil Application / Costs and Contempt Application Following Divorce Order

Legal Issues

  1. 1 Whether the respondent is in contempt of the court order dated 28 June 2018.
  2. 2 Whether the applicant is entitled to the relief sought in the notice of motion, including costs on an attorney and client scale.
  3. 3 Whether the payment of R5000.00 by the respondent prior to the hearing satisfies the obligations under the court order.

Ratio Decidendi

The court found that the respondent had paid the amount of R5000.00 prior to the hearing of the application, thereby complying with the relevant court order. The applicant did not amend the notice of motion to address subsequent non-compliance, and the supplementary affidavit referred to obligations not part of the current application. As there was no disobedience of the court order for the period in question, the applicant was not entitled to an order for contempt or costs on an attorney and client scale. The only issue remaining was costs, which the court apportioned based on the timing of payment and opposition.

Court Disposition

Application dismissed. Costs apportioned between the parties based on timing of payment and opposition.

Orders

  • The applicant’s application is dismissed.
  • The respondent is to pay the costs of the application on an unopposed basis until 11 April 2019.