Reported Judgement

Reported Judgement

Machanik Attorneys represented T in this High Court Rule 43 (interim spousal maintenance) application. K brought the application against T and his parents. These interim maintenance orders are almost always granted. However, in this instance, Machanik Attorneys argued that K had used private, confidential, and sensitive communication and information about T to bolster her maintenance claims and this type of exposé – laid bare before the Court – constituted a breach of T’s rights to privacy. We also argued that K’s application was largely irrelevant, explicit and extensive for a Rule 43 application.

The Court agreed that K’s application was extreme, constituted an irregular step and was an abuse of court process. K’s application for interim spousal maintenance was dismissed and in a surprising and unusual turn by the Court, it ordered K’s attorney to pay T’s legal costs de bonis propriis.