N.E.K v E.B.L and Another (64416/2009) [2022] ZAGPPHC 413 (15 June 2022)

N.E.K v E.B.L and Another (64416/2009) [2022] ZAGPPHC 413 (15 June 2022)

The court found that the applicant's interdict application was unnecessary and became moot after the curator delivered his report. The applicant persisted with litigation despite clear indications that the matter could be resolved non-litigious, and failed to heed recommendations for a trust managed by an independent trustee. The applicant's motivation appeared to be personal rather than in the best interests of the minor child. There was no justification for the costs of the interdict application to be paid from the child's funds, as the curator acted as an officer of the court in the child's interest, while the applicant acted for his own interests. The general principle that a...

Citation
[2022] ZAGPPHC 413
Parties
Applicant: N[....] E[....] K[....]; Respondent: E[....] B[....] L[....]; Respondent: Adv M W Dlamini SC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 June 2022
Case Number
64416/2009
Procedural Posture
Urgent Application / Costs Determination Following Withdrawal of Interdict Application
Outcome
The interdict application was withdrawn. The applicant is ordered to pay the costs of the respondents, including the curator, on the attorney and client scale.
Judges
Davis
Legal Topics
Withdrawal of Application, Costs Order, Curator Ad Litem, Trust Creation for Minor
Civil Procedure Family and Children Withdrawal of Application Costs Order Curator Ad Litem Trust Creation for Minor

Case Brief

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Parties

N[....] E[....] K[....]

Applicant

E[....] B[....] L[....]

Respondent

Adv M W Dlamini SC

Respondent

Procedural Posture

Urgent Application / Costs Determination Following Withdrawal of Interdict Application

Legal Issues

  1. 1 Should the applicant bear the costs of the withdrawn interdict application?
  2. 2 Is there any justification for the costs to be paid from the minor child's funds?
  3. 3 Was the interdict application necessary or moot after the curator's report?

Ratio Decidendi

The court found that the applicant's interdict application was unnecessary and became moot after the curator delivered his report. The applicant persisted with litigation despite clear indications that the matter could be resolved non-litigious, and failed to heed recommendations for a trust managed by an independent trustee. The applicant's motivation appeared to be personal rather than in the best interests of the minor child. There was no justification for the costs of the interdict application to be paid from the child's funds, as the curator acted as an officer of the court in the child's interest, while the applicant acted for his own interests. The general principle that a...

Court Disposition

The interdict application was withdrawn. The applicant is ordered to pay the costs of the respondents, including the curator, on the attorney and client scale.

Orders

  • The withdrawal of the interdict application is noted.
  • The applicant (Mr K[....]) is ordered to pay the costs of the respondents (Ms L[....] and Adv M. W. Dlamini SC) on the scale as between attorney and client.