Tollis v Tollis (32595/2020) [2021] ZAGPJHC 718 (19 May 2021)

Tollis v Tollis (32595/2020) [2021] ZAGPJHC 718 (19 May 2021)

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.

Citation
[2021] ZAGPJHC 718
Parties
Applicant: Sarah Bridget Tollis; Respondent: Michael Clive Tollis
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 May 2021
Case Number
32595/2020
Procedural Posture
Urgent Application / Rule 43 Application (interim Relief Pending Divorce)
Outcome
Interim maintenance and related relief granted in favour of the applicant pending the outcome of the divorce action.
Judges
Majavu
Legal Topics
Interim Maintenance, Contribution to Legal Costs, Medical Aid Obligations, Rule 43 Procedure, Urgent Relief
Family and Children Interim Maintenance Contribution to Legal Costs Medical Aid Obligations Rule 43 Procedure Urgent Relief

Case Brief

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Parties

Sarah Bridget Tollis

Applicant

Michael Clive Tollis

Respondent

Procedural Posture

Urgent Application / Rule 43 Application (interim Relief Pending Divorce)

Legal Issues

  1. 1 Whether the respondent should pay interim maintenance for the applicant and minor child pending the divorce.
  2. 2 Whether the respondent should contribute towards the applicant's legal costs.
  3. 3 Whether the respondent should continue paying certain household and medical expenses.

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.

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.