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[2010] ZAWCHC 194
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Douglas-Hamilton v Latief (14622/2007) [2010] ZAWCHC 194 (26 August 2010)
JUDGMENT
IN THE
HIGH COURT OF SOUTH AFRICA
(WESTERN
CAPE HIGH COURT, CAPE TOWN)
CASE
NUMBER
:
14622/2007
DATE
:
26 AUGUST 2010
In the
matter between:
JOHN GAVIN
DOUGLAS-HAMILTON
…............................................
Applicant
and
WISAAL
LATIEF
…...............................................................................
Respondent
JUDGMENT
STEYN, J:
In this
matter the parties have been able to resolve the main issues between
them regarding contact and care of the minor child
as set out in a
consent paper. The day has been spent by the parties trying to fine
tune a consent paper entered into between them
that runs to 19 pages.
The parties are in agreement in regard to every single page of this
consent paper, save to paragraph 9.18
of the consent paper that I
will refer to shortly. The order of the Court in the circumstances,
is that having perused the documentation
filed of record,
having
heard counsel for the applicant and the respondent in person, the
following order is made:
The
consent paper entered into between the parties on 9 February 2009
and which was made an order of this Court on 13 February
2009, is
varied in accordance with the applicant's notice of motion dated 3
November 2009, the notice to amend, the notice of
motion dated 23
April 2010 and amendments made by agreement between the parties.
A copy of
the varied consent paper containing such amendments is annexed
hereto marked X, save for an amendment to clause 9.18,
which now
will read as follows:
"The
parties shall be liable for the costs of the facilitator in the ratio
of 80/20 until such time as the respondent should
obtain gainful
remunerative employment, whereafter the ratio will revert to a ratio
of 50/50 (where applicant shall pay 50% and
respondent 50% of the
costs, unless otherwise determined by the facilitator). The
facilitator may order a party against who a ruling
has been made, to
refund the costs of facilitation, or part thereof, to the other
party. Each party shall be liable for fees pursuant
to their
communication (whether via telephone or electronic medium) with the
facilitator.''
3. By
agreement with the applicant, there will be no order as to costs.
STEYN, J