VE v VE (1339/2016) [2019] ZAECPEHC 70 (18 October 2019)

VE v VE (1339/2016) [2019] ZAECPEHC 70 (18 October 2019)

The court found it inappropriate to postpone the matter to a fixed date in March 2020 without confirmation of counsel availability, as this could result in further delays. A postponement sine die was ordered to avoid recurrence of scheduling issues. The matter was directed to case flow management to monitor legal representation, joinder of trusts, and finalisation of expert reports. The issue of costs was reserved for determination by the trial court or by agreement in the event of settlement. The court approved the replacement of the minor child's therapist with Ms Jackie McKowen, as she was appointed by both parties and is currently treating the child, prioritising the child's best...

Citation
[2019] ZAECPEHC 70
Parties
Applicant: L[…] A[…] V[…] E[…]; Respondent: G[…] L[…] V[…] E[…]
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
18 October 2019
Case Number
1339/2016
Procedural Posture
Civil Trial / Application for Postponement
Outcome
The divorce trial is postponed sine die, case flow management is ordered, the minor child's therapist is replaced, and costs are reserved.
Judges
NG Beshe
Legal Topics
Postponement of Trial, Case Flow Management, Minor Child Therapy, Costs Reservation
Family and Children Civil Procedure Postponement of Trial Case Flow Management Minor Child Therapy Costs Reservation

Case Brief

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Parties

L[…] A[…] V[…] E[…]

Applicant

G[…] L[…] V[…] E[…]

Respondent

Procedural Posture

Civil Trial / Application for Postponement

Legal Issues

  1. 1 Should the divorce trial be postponed sine die or to a preferential date in March 2020.
  2. 2 Which party should bear the costs of the postponement application.
  3. 3 Should the minor child's therapist be replaced with the current therapist appointed by the parties.

Ratio Decidendi

The court found it inappropriate to postpone the matter to a fixed date in March 2020 without confirmation of counsel availability, as this could result in further delays. A postponement sine die was ordered to avoid recurrence of scheduling issues. The matter was directed to case flow management to monitor legal representation, joinder of trusts, and finalisation of expert reports. The issue of costs was reserved for determination by the trial court or by agreement in the event of settlement. The court approved the replacement of the minor child's therapist with Ms Jackie McKowen, as she was appointed by both parties and is currently treating the child, prioritising the child's best...

Court Disposition

The divorce trial is postponed sine die, case flow management is ordered, the minor child's therapist is replaced, and costs are reserved.

Orders

  • The matter is postponed sine die.
  • The Registrar is to reenrol the matter for case flow management to monitor arrangements for legal representation, proposed joinder of trusts, and finalisation of expert reports.