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

45 Reportability

Brief Summary

Maintenance — Interim maintenance order — Application for maintenance pending divorce proceedings — Respondent ordered to pay combined maintenance of R31 250.00 per month for the Applicant and child, along with contributions towards legal costs and ongoing expenses — Court emphasizes the necessity of maintaining the Applicant and child during divorce proceedings.

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

SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
redacted from this document in compliance with the law
and
SAFLII
Policy

X”
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
LOCAL DIVISION, JOHANNESBURG
CASE
NO: 32595/2020
NOT
REPORTABLE
NOT
OF INTEREST TO OTHER JUDGES
REVISED
DATE
OF THE ORDER: 19 MAY 2021
This
application was heard virtually on the Microsoft teams platform
.
On
this the 18
th
of May 2021
BEFORE THE HONOURABLE
ACTING JUSTICE MAJAVU
In the matter between:
TOLLIS: SARAH
BRIDGET                                                                            Applicant
and
TOLLIS: MICHAEL
CLIVE                                                                         Respondent
ORDER
Having
read the papers, and having heard Counsel, it is ordered that,
(
pendent
lite):
[1]     The
Respondent is to pay maintenance, for the Applicant and Mathew, a
combined amount of R31 250,00
per month, by no later than close of
business on 21 May 2021 and thereafter on the 1
st
day each
succeeding month.
[2]     Such
payment to be made way of electronic funds transfer (“EFT”)
into the Applicant’s
banking account, (whose details are as
recorded hereunder):
NAME OF BANK: FNB
ACCOUNT NUMBER: […]
[3]   The
Respondent is directed to continue paying the expenses as more fully
set out in paragraph 63 of the founding
affidavit
excluding:
[3.1]    T.V.
Licence
[3.2]    Domestic
helper twice per week
[4]   The
Respondent is to pay the Applicant a contribution in the amount of
R50 000,00 towards the Applicant’s
legal costs, payable as
follows:
[4.1] R20 000,00 by no
later than 21 May 2021 into account referred to above.
[4.2]   R20
000,00 payable by no later than 21 June 2021
[4.3]   R10
000,00 payable by no later than 21 July 2021
[5]   The
Respondent shall continue to pay rental and associated expenses in
respect of, Unit […], […],
Craighall, to the landlord
or the Applicant upon receipt of the relevant invoice and by no later
than the due date or as soon as
practical thereafter, to avoid the
Applicant falling into arrears.
[6]   The
Respondent shall continue to retain the Applicant, M[…] and
E[…] on his medical aid scheme
at his cost, and by paying all
reasonable and necessary medical and related costs not covered by the
medical aid scheme.
[7]   The
Respondent shall pay the costs of the urgent application, which in
part was dealt with by Justice Vally
on 26 April 2021, on a party and
party scale (taxed or agreed) including, costs consequent upon the
employment of Counsel.
[8]   The
costs of this Rule 43 application shall be costs in the main divorce
action.
Z
M P MAJAVU
Acting
Judge of the High Court
Gauteng
Local Division, Johannesburg
HEARD
ON:                           18

May 2021
JUDGMENT
DATE:                19
May 2021
FOR THE
APPLICANT:          ADV
T. TERNENT
INSTRUCTED
BY:                 KIM
MEIKLE ATTORNEYS
By
email:                                kimmeikle@mweb.co.za
FOR
THE DEFENDANT:        ADV S.
LIEBENBERG
INSTRUCTED
BY:                 J
A PIETERSE
ATTORNEYS
By
email:                                Riaan@japattorneys.co.za