Tollis v Tollis (32595/2020) [2021] ZAGPJHC 718 (19 May 2021)
- Citation
- [2021] ZAGPJHC 718
- Status
- Order
- Jurisdiction
- South Africa
- Court
- South Gauteng High Court, Johannesburg
- Panel
- Majavu
- Case number
- 32595/2020
More details
- Court
- South Gauteng High Court, Johannesburg
- Panel
- Majavu
- Case number
- 32595/2020
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant and minor child required interim financial support to maintain their standard of living pending the divorce. The respondent has the means to pay the amounts ordered, and the expenses claimed are reasonable and necessary. The applicant is entitled to a contribution towards legal costs to ensure fair access to justice. The respondent is also obliged to retain the applicant and children on his medical aid and pay reasonable medical expenses not covered. Costs of the urgent application and Rule 43 proceedings are to be borne by the respondent, with costs in the main action reserved.
Court disposition
Interim maintenance and related relief granted in favour of the applicant pending the outcome of the divorce action.
Orders
- The respondent is to pay maintenance for the applicant and Mathew in the amount of R31,250.00 per month, payable by EFT into the applicant's bank account.
- The respondent is directed to continue paying the expenses set out in paragraph 63 of the founding affidavit, excluding TV licence and domestic helper twice per week.
- The respondent is to pay the applicant a contribution of R50,000.00 towards legal costs, payable in instalments as specified.
- The respondent shall continue to pay rental and associated expenses for the Craighall property to the landlord or applicant as invoiced.
- The respondent shall retain the applicant, M[…] and E[…] on his medical aid scheme and pay all reasonable and necessary medical costs not covered by the scheme.
- The respondent shall pay the costs of the urgent application on a party and party scale, including costs consequent upon employment of counsel.
- The costs of the Rule 43 application shall be costs in the main divorce action.
02
Material facts
Parties
Sarah Bridget Tollis
Applicant Counsel: Adv T. TernentMichael Clive Tollis
Respondent Counsel: Adv S. LiebenbergAmounts and remedies
- Monthly Maintenance (applicant and Child): ZAR 31,250
- Contribution to Legal Costs (total): ZAR 50,000
03
Procedural history
Posture
Urgent Application / Rule 43 Application (interim Relief Pending Divorce)
04
Questions and positions
Legal issues
- 01
Whether the respondent should pay interim maintenance for the applicant and minor child pending the divorce.
- 02
Whether the respondent should contribute towards the applicant's legal costs.
- 03
Whether the respondent should continue paying certain household and medical expenses.
- 04
Whether the respondent should pay costs of the urgent application and Rule 43 proceedings.
Party arguments
- Applicant
- The applicant sought interim maintenance for herself and the minor child, payment of specific household expenses, retention on the respondent's medical aid, and a contribution towards legal costs, arguing that she and the child would be prejudiced without such relief pending the finalization of the divorce.
- Respondent
- The respondent opposed the quantum and scope of the maintenance and legal cost contribution, contending that some expenses claimed were excessive or not justified, and that his financial capacity was limited. He also disputed responsibility for certain household items and costs.
05
Court’s reasoning
Legal principles
- 01
Uniform Rules of Court, Rule 43
Rule 43 of the Uniform Rules of Court empowers the court to grant interim maintenance and contributions towards legal costs in matrimonial matters pending final determination.
- 02
Taute v Taute 1974 (2) SA 675 (E)
The purpose of Rule 43 is to ensure that parties, particularly the financially weaker spouse, are not prejudiced during divorce proceedings and can litigate on equal footing.
- 03
Section 6 of the Divorce Act 70 of 1979
Maintenance must be reasonable and necessary, taking into account the standard of living of the parties and the needs of the children.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant and minor child required interim financial support to maintain their standard of living pending the divorce. The respondent has the means to pay the amounts ordered, and the expenses claimed are reasonable and necessary. The applicant is entitled to a contribution towards legal costs to ensure fair access to justice. The respondent is also obliged to retain the applicant and children on his medical aid and pay reasonable medical expenses not covered. Costs of the urgent application and Rule 43 proceedings are to be borne by the respondent, with costs in the main action reserved.
Obiter and limits
- The court emphasized the importance of Rule 43 in protecting vulnerable parties during divorce proceedings.
- The court noted that interim relief does not prejudice the final determination of the divorce action.
Court disposition
Interim maintenance and related relief granted in favour of the applicant pending the outcome of the divorce action.
- The respondent is to pay maintenance for the applicant and Mathew in the amount of R31,250.00 per month, payable by EFT into the applicant's bank account.
- The respondent is directed to continue paying the expenses set out in paragraph 63 of the founding affidavit, excluding TV licence and domestic helper twice per week.
- The respondent is to pay the applicant a contribution of R50,000.00 towards legal costs, payable in instalments as specified.
- The respondent shall continue to pay rental and associated expenses for the Craighall property to the landlord or applicant as invoiced.
- The respondent shall retain the applicant, M[…] and E[…] on his medical aid scheme and pay all reasonable and necessary medical costs not covered by the scheme.
- The respondent shall pay the costs of the urgent application on a party and party scale, including costs consequent upon employment of counsel.
- The costs of the Rule 43 application shall be costs in the main divorce action.
Source and reliance status
South Gauteng High Court, Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
South Gauteng High Court, Johannesburg
Order
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
“X”
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
CASE NO: 32595/2020
NOT
REPORTABLE
NOT
OF INTEREST TO OTHER JUDGES
REVISED
DATE OF THE ORDER: 19 MAY 2021
This application was heard virtually on the Microsoft teams platform.
On this the 18th of May 2021
BEFORE THE HONOURABLE
ACTING JUSTICE MAJAVU
In the matter between:
TOLLIS: SARAH BRIDGET Applicant
and
TOLLIS: MICHAEL CLIVE Respondent
ORDER
Having read the papers, and having heard Counsel, it is ordered that, (pendent lite):
[1] The Respondent is to pay maintenance, for the Applicant and Mathew, a combined amount of R31 250,00 per month, by no later than close of business on 21 May 2021 and thereafter on the 1st day each succeeding month.
[2] Such payment to be made way of electronic funds transfer (“EFT”) into the Applicant’s banking account, (whose details are as recorded hereunder):
NAME OF BANK: FNB
ACCOUNT NUMBER: […]
[3] The Respondent is directed to continue paying the expenses as more fully set out in paragraph 63 of the founding affidavit
excluding:
[3.1] T.V. Licence
[3.2] Domestic helper twice per week
[4] The Respondent is to pay the Applicant a contribution in the amount of R50 000,00 towards the Applicant’s legal costs, payable as follows:
[4.1] R20 000,00 by no later than 21 May 2021 into account referred to above.
[4.2] R20 000,00 payable by no later than 21 June 2021
[4.3] R10 000,00 payable by no later than 21 July 2021
[5] The Respondent shall continue to pay rental and associated expenses in respect of, Unit […], […], Craighall, to the landlord or the Applicant upon receipt of the relevant invoice and by no later than the due date or as soon as practical thereafter, to avoid the Applicant falling into arrears.
[6] The Respondent shall continue to retain the Applicant, M[…] and E[…] on his medical aid scheme at his cost, and by paying all reasonable and necessary medical and related costs not covered by the medical aid scheme.
[7] The Respondent shall pay the costs of the urgent application, which in part was dealt with by Justice Vally on 26 April 2021, on a party and party scale (taxed or agreed) including, costs consequent upon the employment of Counsel.
[8] The costs of this Rule 43 application shall be costs in the main divorce action.
Z
M P MAJAVU
Acting Judge of the High Court
Gauteng Local Division, Johannesburg
HEARD ON: 18
May 2021
JUDGMENT DATE: 19 May 2021
FOR THE APPLICANT: ADV T. TERNENT
INSTRUCTED BY: KIM
MEIKLE ATTORNEYS
By email: kimmeikle@mweb.co.za
FOR THE DEFENDANT: ADV S.
LIEBENBERG
INSTRUCTED BY: J
A PIETERSE
ATTORNEYS
By email: Riaan@japattorneys.co.za
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