V.Z v V.Z and Others (2011/5122) [2014] ZAGPJHC 42 (14 February 2014)

V.Z v V.Z and Others (2011/5122) [2014] ZAGPJHC 42 (14 February 2014)

The court found that the first respondent was in contempt of the maintenance order dated 11 October 2011, having failed to pay the ordered amounts and provided insufficient evidence of inability to pay. His conduct was found to be wilful and mala fide, as he consistently paid only R4,000 per month, made no attempt to pay more, and failed to disclose up-to-date financial information. The respondent had placed all his assets in trusts, which he controlled and treated as his own, thereby attempting to shield them from the applicant. The court held that the trusts were his alter ego and that their assets should be deemed his for purposes of redistribution. The applicant was entitled to...

Citation
[2014] ZAGPJHC 42
Parties
Applicant: V.Z., Dianne Windsor Morrell; Respondent: V.Z., Demo; Respondent: V.Z., Demo N.O.; Respondent: The Best Trust Company (JHB) (PTY) LTD N.O.
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 February 2014
Case Number
2011/5122
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted. The first respondent is declared in contempt, ordered to pay arrears with interest, committed to prison (suspended), trust assets deemed his for redistribution, and costs awarded on attorney and client scale.
Judges
André Gautschi
Legal Topics
Maintenance Order Enforcement, Contempt of Court, Piercing Trust Veil, Redistribution Order, Rule 43 Procedure, Accrual System
Family and Children Civil Procedure Land and Property Maintenance Order Enforcement Contempt of Court Piercing Trust Veil Redistribution Order Rule 43 Procedure +1 more

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Parties

V.Z., Dianne Windsor Morrell

Applicant

V.Z., Demo

Respondent

V.Z., Demo N.O.

Respondent

The Best Trust Company (JHB) (PTY) LTD N.O.

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the first respondent is in contempt of the court order dated 11 October 2011 for maintenance payments.
  2. 2 Whether the assets held in the four trusts should be deemed assets of the first respondent for purposes of redistribution.
  3. 3 Whether the applicant is entitled to punitive costs against the first respondent.

Ratio Decidendi

The court found that the first respondent was in contempt of the maintenance order dated 11 October 2011, having failed to pay the ordered amounts and provided insufficient evidence of inability to pay. His conduct was found to be wilful and mala fide, as he consistently paid only R4,000 per month, made no attempt to pay more, and failed to disclose up-to-date financial information. The respondent had placed all his assets in trusts, which he controlled and treated as his own, thereby attempting to shield them from the applicant. The court held that the trusts were his alter ego and that their assets should be deemed his for purposes of redistribution. The applicant was entitled to...

Court Disposition

Application granted. The first respondent is declared in contempt, ordered to pay arrears with interest, committed to prison (suspended), trust assets deemed his for redistribution, and costs awarded on attorney and client scale.

Orders

  • It is declared that the first respondent is in contempt of the court order dated 11 October 2011.
  • The first respondent is ordered to pay all arrears due under the court order to date, with interest at 15.5% per annum, in staggered payments as specified.