S v S and Another (CCT 147/18) [2019] ZACC 22 (27 June 2019) (Rule 43 Application)

Reported
S v S and Another (CCT 147/18) [2019] ZACC 22 (27 June 2019) (Rule 43 Application)
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Cited documents 13

Act
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Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration
Dispute Resolution and Mediation

Documents citing this one 13

Judgment
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High Court rules on interim parental rights and financial responsibilities in divorce pending case.
Family law – parental rights and responsibilities – spousal maintenance – interim maintenance – appointment of curator ad litem – financial disclosure.
Court dismisses application to vary Rule 43 order for lacking 'exceptional circumstances'.
Family Law – Rule 43 – variation of interim maintenance order – exceptional circumstances vs. material change – procedural integrity of court orders.

Standing – enforcement of court order – own interest – litigant with judgment in its favour has sufficient own interest to seek enforcement of that judgment and to allege a breach without having to show exceptional circumstances

Res judicata – application – what constitutes same issues – issues will not be res judicata if the previous judgment did not contemplate them

Res inter alios acta – applicability to medical schemes – medical schemes are not indemnity insurers – deductibility of collateral benefits – no rigid rule – deductibility of collateral benefits is determined by considerations of fairness, equity, and policy

Subrogation – application to medical schemes – principle of subrogation is specific to law of insurance and has no automatic application to medical schemes which are not insurers

Medical Schemes Act 131 of 1998 – nature of medical scheme – difference between medical schemes and insurers – insurance law principles not to be automatically transplanted to medical schemes

Rule 43 – Constitutional right of a child to be heard. A constitutional interpretation of Rule 43 in relation to an interim contribution to costs in divorce proceedings