W v W (13072/2015) [2016] ZAGPPHC 812 (19 August 2016)

W v W (13072/2015) [2016] ZAGPPHC 812 (19 August 2016)

The court found that good cause existed for postponing the trial, as the curatrix ad litem had not had sufficient time to complete her investigation and report, and the defendant was unable to provide instructions. The application for separation of issues was refused because, although the marriage had irretrievably broken down, convenience and the interests of justice required that all issues be ventilated together. The court held that the curatrix should be given time to fulfill her functions and report to the court, and that piecemeal litigation would not serve the interests of all parties. The plaintiff's prejudice in being unable to move on from the marriage was acknowledged but...

Citation
[2016] ZAGPPHC 812
Parties
Plaintiff: W, P D; Defendant: W, I
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 August 2016
Case Number
13072/2015
Procedural Posture
Civil Trial / Application for Postponement and Separation of Issues in Divorce Proceedings
Outcome
Application for separation of issues refused; trial postponed sine die; costs occasioned by postponement awarded against the defendant.
Judges
SA Thobane
Legal Topics
Divorce Act, Separation of Issues, Curator Ad Litem, Accrual System, Spousal Maintenance
Family and Children Civil Procedure Divorce Act Separation of Issues Curator Ad Litem Accrual System Spousal Maintenance

Case Brief

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Parties

W, P D

Plaintiff

W, I

Defendant

Procedural Posture

Civil Trial / Application for Postponement and Separation of Issues in Divorce Proceedings

Legal Issues

  1. 1 Whether the trial should be postponed to allow the curatrix ad litem to complete her investigation and report.
  2. 2 Whether the issues in the divorce proceedings should be separated in terms of Rule 33(4) of the Uniform Rules of Court.
  3. 3 Whether the plaintiff is entitled to a decree of divorce and accrual order while postponing maintenance and costs.

Ratio Decidendi

The court found that good cause existed for postponing the trial, as the curatrix ad litem had not had sufficient time to complete her investigation and report, and the defendant was unable to provide instructions. The application for separation of issues was refused because, although the marriage had irretrievably broken down, convenience and the interests of justice required that all issues be ventilated together. The court held that the curatrix should be given time to fulfill her functions and report to the court, and that piecemeal litigation would not serve the interests of all parties. The plaintiff's prejudice in being unable to move on from the marriage was acknowledged but...

Court Disposition

Application for separation of issues refused; trial postponed sine die; costs occasioned by postponement awarded against the defendant.

Orders

  • The application for separation of issues in terms of Rule 33(4) is refused.
  • There is no order as to costs regarding the separation application.