T.A.S v I.S (2021/58750) [2025] ZAGPJHC 248 (11 March 2025)

Parties

Procedural Posture

Urgent Application / Application Under Rule 43(6) for Variation of Interim Maintenance and Costs Order

Legal Issues

1. 1 Whether there has been a material change in the applicant's financial circumstances justifying variation of the interim maintenance order.
2. 2 Whether the applicant is entitled to a new motor vehicle or compensation for the unreliable vehicle currently in her possession.
3. 3 Whether the applicant is entitled to an increased contribution towards legal costs pendente lite.

Ratio Decidendi

The court found that the applicant's financial circumstances had materially changed since the previous order, particularly due to increased living expenses and the absence of escalation for inflation. The evidence showed the vehicle provided to the applicant was no longer reliable or safe, and the respondent's financial position allowed for the provision of a replacement vehicle. The court held that the applicant should not be subjected to indignity or uncertainty regarding transportation. Regarding legal costs, the court accepted that the previous contribution was insufficient and that the applicant's anticipated costs were not unreasonable given the complexity and duration of the...

Court Disposition

Application granted in part; interim maintenance, vehicle provision, and contribution to legal costs varied pendente lite.

Orders

• The respondent shall pay R180,000 to the applicant within two weeks for the purchase of a vehicle and is entitled to the return of the BMW in the applicant's possession. The respondent shall be responsible for maintenance, license, and insurance costs for the vehicle.
• The respondent shall pay the applicant an additional R5,000 per month from 30 March 2025, resulting in total spousal maintenance of R16,000 per month.