C v C (13116/13) [2018] ZAGPJHC 535 (10 September 2018)

Costs – Divorce Action – Settled, apart from the costs of the divorce action - General rule is that costs follow the event – but court is not bound to make an order for costs in favour of the successful party in a divorce action – s 10 of the Divorce Act 70 of 1979 provides that the court shall not be bound to make an order for costs in favour of the successful party, but the court may, having regard to the means of the parties, and their conduct in so far as it may be relevant, make such order as it considers just, and the court may order that the costs of the proceedings be apportioned between the parties. Rule that when a case has been settled and the costs have still to be decided, the court must do its best with the material at its disposal to make a fair allocation of costs employing such legal principles as are applicable to the situation, applied. Husband ordered to pay 50% of wife’s costs of the divorce action.