Van Gorkom and Noonan v Davies [1914] ZATPD 108 (26 October 1914)

Husband and wife.-Matrimonial suit.-Wife's costs.-Husband's liability .-Practice

Applications by a wife whether married in community or not, for alimony pendente lite, or for a sum enabling her to institute matrimonial proceedings should be ma.de to the court which has cognisance of the principal cause, which court has a discretion to grant or refuse the application. Apart from an order of court, a wife cannot, without her husband's consent, render him personally liable for costs in connection with such proceedings.
A wife's attorneys incurred certain costs in connection with a matrimonial suit instituted in a superior court, without having obtained an order of court or the consent of the husband. The costs were taxed, and summons issued against 'the husband in a magistrate's court. Held, that the action should have been
instituted before the court which had cognisance of the principal cause, Held further, assuming that the wife's half of the joint estate was liable, that the action should fail as there was no proof of the existence of a joint estate.