Terblanche v Terblanche and Another [2023] ZAGPPHC 100; 35072/2021 (17 February 2023)

Terblanche v Terblanche and Another [2023] ZAGPPHC 100; 35072/2021 (17 February 2023)

The applicant failed to establish that the respondents were in contempt of the court order dated 29 October 2019. The settlement agreement prescribed a specific mechanism for payment of the R1 700 000.00, namely, from the proceeds of the sale of the property, which had not occurred. There was no evidence that the respondents refused to sign transfer documents for the property, and the correspondence only referred to consent to cancel a bond, which was ultimately signed. The settlement agreement did not stipulate responsibility for the auction deposit, and the respondents made reasonable attempts to sell the property. As such, the requirements for contempt were not met, and the application...

Citation
[2023] ZAGPPHC 100
Parties
Applicant: Regina Elizabeth Terblanche; Respondent: Pierre Terblanche; Respondent: Pierre Terblanche N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 February 2023
Case Number
35072/2021
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs.
Judges
D Van Den Bogert
Legal Topics
Contempt of Court, Divorce Settlement, Enforcement of Court Order, Payment From Property Sale
Civil Procedure Family and Children Contempt of Court Divorce Settlement Enforcement of Court Order Payment From Property Sale

Case Brief

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Parties

Regina Elizabeth Terblanche

Applicant

Pierre Terblanche

Respondent

Pierre Terblanche N.O.

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the respondents are in contempt of the court order dated 29 October 2019.
  2. 2 Whether the respondents failed to sign transfer documents for the property as required by the settlement agreement.
  3. 3 Whether the respondents failed to pay the outstanding balance of R1 700 000.00 as per the settlement agreement.

Ratio Decidendi

The applicant failed to establish that the respondents were in contempt of the court order dated 29 October 2019. The settlement agreement prescribed a specific mechanism for payment of the R1 700 000.00, namely, from the proceeds of the sale of the property, which had not occurred. There was no evidence that the respondents refused to sign transfer documents for the property, and the correspondence only referred to consent to cancel a bond, which was ultimately signed. The settlement agreement did not stipulate responsibility for the auction deposit, and the respondents made reasonable attempts to sell the property. As such, the requirements for contempt were not met, and the application...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.