O v O (11045/2013) [2017] ZAWCHC 138 (3 November 2017)

O v O (11045/2013) [2017] ZAWCHC 138 (3 November 2017)

The plaintiff demonstrated good cause for the postponement due to the defendant's late and haphazard delivery of a large volume of undiscovered documents, which made adequate trial preparation impossible. The defendant's opposition was unfounded, as the plaintiff's absence abroad did not justify withholding documents, and the obligation to discover relevant documents is not negated by the other party's possession. The defendant failed to comply with Uniform Rule 38(1)(b) by not depositing subpoenaed documents with the registrar, instead acting as arbiter of relevance and providing documents in a manner that prejudiced the plaintiff. The prejudice to the plaintiff in proceeding unprepared...

Citation
[2017] ZAWCHC 138
Parties
Plaintiff: N O; Defendant: D O
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
3 November 2017
Case Number
11045/2013
Procedural Posture
Civil Procedure Application / Application for Postponement Prior to Trial
Outcome
The application for postponement was granted. The defendant is ordered to pay the plaintiff's costs in respect of the application for postponement and the wasted costs caused by the postponement, including the costs of two counsel.
Judges
JH Loots
Legal Topics
Postponement of Trial, Discovery of Documents, Subpoena Duces Tecum, Wasted Costs, Consolidation of Actions
Civil Procedure Family and Children Postponement of Trial Discovery of Documents Subpoena Duces Tecum Wasted Costs Consolidation of Actions

Case Brief

Summary, issues, holding and outcome

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Parties

N O

Plaintiff

D O

Defendant

Procedural Posture

Civil Procedure Application / Application for Postponement Prior to Trial

Legal Issues

  1. 1 Whether the plaintiff has shown good cause for the postponement of the trial.
  2. 2 Whether the defendant's conduct in delivering undiscovered documents shortly before trial justified the postponement.
  3. 3 Who should bear the costs occasioned by the postponement, including wasted costs and costs of two counsel.

Ratio Decidendi

The plaintiff demonstrated good cause for the postponement due to the defendant's late and haphazard delivery of a large volume of undiscovered documents, which made adequate trial preparation impossible. The defendant's opposition was unfounded, as the plaintiff's absence abroad did not justify withholding documents, and the obligation to discover relevant documents is not negated by the other party's possession. The defendant failed to comply with Uniform Rule 38(1)(b) by not depositing subpoenaed documents with the registrar, instead acting as arbiter of relevance and providing documents in a manner that prejudiced the plaintiff. The prejudice to the plaintiff in proceeding unprepared...

Court Disposition

The application for postponement was granted. The defendant is ordered to pay the plaintiff's costs in respect of the application for postponement and the wasted costs caused by the postponement, including the costs of two counsel.

Orders

  • The matters are postponed for hearing in the Fourth Division on 7 November 2017 at 10h00 or as soon thereafter as the matters may be heard.
  • This order is subject to the provision of the requisite certificate from the Registrar's office, to be provided by 3 August 2017.