Pellissier v Pellissier and Another (15818/2009) [2010] ZAWCHC 55 (24 March 2010)

Pellissier v Pellissier and Another (15818/2009) [2010] ZAWCHC 55 (24 March 2010)

The court found that the warrant of execution was only justified for the amount of R1700, representing the doctor's fees and reasonable dental expenses, as the affidavit lacked sufficient particularity and supporting invoices for other claimed expenses. The applicant was found in contempt of the court order for failing to pay maintenance obligations, as his reasons for non-compliance were not justified and he unilaterally suspended payments. The court varied the divorce order to grant the respondent sole authority to appoint remedial tutors, given the impasse between the parties and the respondent's role as primary caregiver. However, the court declined to replace specific maintenance...

Citation
[2010] ZAWCHC 55
Parties
Applicant: Samuel Henri Pellissier; Respondent: Eulogy Pellissier; Respondent: The Sheriff, Stellenbosch
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
24 March 2010
Case Number
15818/2009
Procedural Posture
Urgent Application / Judgment After Oral Evidence and Counter Application
Outcome
The warrant of execution is set aside except for R1700. The applicant is found in contempt of court and sentenced to three months imprisonment suspended for one year, subject to compliance. The divorce order is varied to grant the respondent sole authority to appoint remedial tutors. Each party to pay its own costs.
Judges
Allie
Legal Topics
Maintenance Obligations, Variation of Divorce Order, Contempt of Court, Ascertainment of Expenses, Remedial Tutor Appointment
Family and Children Civil Procedure Maintenance Obligations Variation of Divorce Order Contempt of Court Ascertainment of Expenses Remedial Tutor Appointment

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Parties

Samuel Henri Pellissier

Applicant

Eulogy Pellissier

Respondent

The Sheriff, Stellenbosch

Respondent

Procedural Posture

Urgent Application / Judgment After Oral Evidence and Counter Application

Legal Issues

  1. 1 Whether the warrant of execution for maintenance-related expenses was lawfully issued.
  2. 2 Whether the applicant is in contempt of the court order regarding maintenance payments.
  3. 3 Whether the divorce order should be varied to grant sole authority to the respondent for appointing remedial tutors.

Ratio Decidendi

The court found that the warrant of execution was only justified for the amount of R1700, representing the doctor's fees and reasonable dental expenses, as the affidavit lacked sufficient particularity and supporting invoices for other claimed expenses. The applicant was found in contempt of the court order for failing to pay maintenance obligations, as his reasons for non-compliance were not justified and he unilaterally suspended payments. The court varied the divorce order to grant the respondent sole authority to appoint remedial tutors, given the impasse between the parties and the respondent's role as primary caregiver. However, the court declined to replace specific maintenance...

Court Disposition

The warrant of execution is set aside except for R1700. The applicant is found in contempt of court and sentenced to three months imprisonment suspended for one year, subject to compliance. The divorce order is varied to grant the respondent sole authority to appoint remedial tutors. Each party to pay its own costs.

Orders

  • The writ was justifiably issued in the amount of R1700 only and is set aside for all amounts exceeding R1700.
  • The applicant is in contempt of court for failing to pay the school fees and the amount of R1700 being his share of the doctor's fees and reasonable dental fee.