S.A.T v G.J.T (2019/22224) [2025] ZAGPJHC 44 (24 January 2025)

S.A.T v G.J.T (2019/22224) [2025] ZAGPJHC 44 (24 January 2025)

The court found that the applicant had demonstrated a material change in circumstances since the previous order, as several new interlocutory applications had arisen and the respondent had failed to comply with the prior order for contribution. The applicant remains unemployed and does not have guaranteed access to trust funds, as payment depends on trustee discretion. The respondent is of substantial means and has not shown any deterioration in his financial position. The court accepted that costs for interlocutory applications, except those already covered by the previous order (such as the application to compel), may be included in the contribution. The principle of equality of arms...

Citation
[2025] ZAGPJHC 44
Parties
Applicant: S.A.T; Respondent: G.J.T
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 January 2025
Case Number
2019/22224
Procedural Posture
Rule 43 Application / Application for Contribution Towards Legal Costs Under Rule 43(6)
Judges
M V Noko
Legal Topics
Rule 43 Contribution, Divorce Litigation, Discretionary Trusts, Material Change in Circumstances, Equality of Arms
Family and Children Civil Procedure Rule 43 Contribution Divorce Litigation Discretionary Trusts Material Change in Circumstances Equality of Arms

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Parties

S.A.T

Applicant

G.J.T

Respondent

Procedural Posture

Rule 43 Application / Application for Contribution Towards Legal Costs Under Rule 43(6)

Legal Issues

  1. 1 Whether the applicant has established a material change in circumstances justifying a further contribution towards legal costs under Rule 43(6).
  2. 2 Whether the respondent is financially able to make the contribution sought.
  3. 3 Whether costs associated with interlocutory applications may be included in the contribution for legal costs.

Ratio Decidendi

The court found that the applicant had demonstrated a material change in circumstances since the previous order, as several new interlocutory applications had arisen and the respondent had failed to comply with the prior order for contribution. The applicant remains unemployed and does not have guaranteed access to trust funds, as payment depends on trustee discretion. The respondent is of substantial means and has not shown any deterioration in his financial position. The court accepted that costs for interlocutory applications, except those already covered by the previous order (such as the application to compel), may be included in the contribution. The principle of equality of arms...