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South Africa decisions
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L.A.M. and Another v E.M. and Another (Leave to Appeal) (2025/066517) [2025] ZAGPJHC 684 (7 July 2025)
Leave to appeal was dismissed with costs. The court found no appeal lay against an interim matrimonial-home order, the trust orders were unassailable, and the costs order was justified.
J.V.W v C.V.W (18559/2016) [2020] ZAWCHC 126 (21 October 2020)
The High Court refused a further rule 43 contribution to costs in an ongoing divorce trial, finding the issue had already been decided and no further order was justified.
N.E v G.E (53648/2017) [2018] ZAGPPHC 501 (20 March 2018)
Rule 43 interim maintenance and legal-costs contribution granted in a divorce matter, with monthly support, child expenses, medical aid, and costs ordered.
Briggs v Briggs (1549/2012) [2013] ZAECPEHC 56 (3 September 2013)
The applicant failed to set out in detail any material change in her circumstances since the previous interim maintenance order. The expenses listed largely overlapped with those previously found unreasonable, and the application amounted to a quasi-appeal rather than a genuine variation. Regarding the contribution towards costs, the applicant did not provide sufficient detail or substantiation for the claimed amount, nor did she explain what steps had already been taken or expenses incurred. The court found the claim excessive and speculative, with no proper basis to determine reasonable ant…
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Dorfling v Dorfling (3197/2005) [2011] ZAECPEHC 6 (8 March 2011)
The court found that the defendant is in need of a contribution towards her litigation costs and that the plaintiff, despite limited means, is able to afford a reduced contribution. The evidence did not support the full amount claimed by the defendant, as her suspicions regarding the plaintiff's assets were not substantiated. The court determined that the plaintiff's available funds, including his bank balance and pension, justified a contribution of R10,000.00, which is reasonable in the circumstances. The costs of the application are to be costs in the cause.
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