Kriel v Bowels (1951/2008)
Kriel v Bowels (1951/2008) [2010] ZAECPEHC 67; 2012 (2) SA 45 (ECP) (11 November 2010)
The court held that Rule 37(4) does not contemplate formal requests and replies, but rather a list of matters for discussion at the pre-trial conference. The remedy for a party frustrated by lack of cooperation is to request a conference before a judge in chambers, not to seek a court order compelling replies. The defendant did not agree to provide further meaningful replies, and the plaintiff's application was misconceived. The court found no basis for a punitive costs order, as the plaintiff acted on a bona fide belief in the defendant's commitment to provide further replies.
Source excerpt
- Rule 37 Pre Trial Conference
- Requests For Particulars
- Abuse Of Process
- Costs Orders