P.L.B v L.R.B (36798/2014) [2025] ZAGPPHC 600 (4 June 2025)

P.L.B v L.R.B (36798/2014) [2025] ZAGPPHC 600 (4 June 2025)

The court found that clause 3.1 of the settlement agreement was defective due to its failure to provide for the appointment of trustees, but the applicant did not provide sufficient evidence or averments to justify the variation or the appointment of a Liquidator and Receiver. The trust envisaged by clause 3.1 was never registered, but the court held that the creation of the trust would benefit the children long-term, and ordered the respondent’s attorneys to register the trust and appoint an independent trustee within three months. The applicant’s application for variation and appointment of a Liquidator and Receiver was dismissed for lack of merit and evidence. The respondent’s...

Citation
[2025] ZAGPPHC 600
Parties
Applicant: P.L.B; Respondent: L.R.B
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 June 2025
Case Number
36798/2014
Procedural Posture
Variation Application / Judgment After Hearing on Main and Counter Applications
Outcome
Both the applicant’s main application and the respondent’s counterclaim are dismissed with costs. Condonation is granted to both parties. The respondent’s attorneys are ordered to register the trust and appoint an independent trustee within three months to give effect to clause 3.1 of the settlement agreement.
Judges
Domingo
Legal Topics
Variation of Settlement Agreement, Appointment of Trustee, Liquidator and Receiver, Pension Interest Claim, Division of Joint Estate
Family and Children Civil Procedure Variation of Settlement Agreement Appointment of Trustee Liquidator and Receiver Pension Interest Claim Division of Joint Estate

Case Brief

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Parties

P.L.B

Applicant

L.R.B

Respondent

Procedural Posture

Variation Application / Judgment After Hearing on Main and Counter Applications

Legal Issues

  1. 1 Whether clause 3.1 of the divorce settlement agreement should be varied and set aside.
  2. 2 Whether a Liquidator and Receiver should be appointed to divide the remaining assets of the joint estate, including the matrimonial home.
  3. 3 Whether the respondent is entitled to 50% of the applicant’s pension interest held by Alexander Forbes.

Ratio Decidendi

The court found that clause 3.1 of the settlement agreement was defective due to its failure to provide for the appointment of trustees, but the applicant did not provide sufficient evidence or averments to justify the variation or the appointment of a Liquidator and Receiver. The trust envisaged by clause 3.1 was never registered, but the court held that the creation of the trust would benefit the children long-term, and ordered the respondent’s attorneys to register the trust and appoint an independent trustee within three months. The applicant’s application for variation and appointment of a Liquidator and Receiver was dismissed for lack of merit and evidence. The respondent’s...

Court Disposition

Both the applicant’s main application and the respondent’s counterclaim are dismissed with costs. Condonation is granted to both parties. The respondent’s attorneys are ordered to register the trust and appoint an independent trustee within three months to give effect to clause 3.1 of the settlement agreement.

Orders

  • The applicant’s condonation application is granted.
  • The respondent’s condonation request is granted.