Court rejects husband’s appeal over R1m legal-cost order in divorce case.
The Western Cape High Court in Cape Town has dismissed a husband's bid to appeal an order requiring him to contribute R1 million towards his brain-injured wife's legal costs in their pending divorce, while ordering his attorneys to personally pay the costs of the failed appeal application.
Judge Mas-udah Pangarker ruled that the husband's application for leave to appeal was legally incompetent because it arose from Rule 43 proceedings, which are expressly barred from appeal.
The judge further found that the man's attorneys, Theron & Partners of Stellenbosch, had persisted with a hopeless application despite repeated warnings that it could not be entertained.
The court ordered the law firm to pay the costs of the leave to appeal application from its own pocket.
