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

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

 

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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 18th 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 1st 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