Allen and Another v Kirkinis (20428/2014) [2017] ZAGPJHC 327 (10 October 2017)

Interlocutory application: (a) Discovery, inspection and
production of documents – to compel production of documents requested under rule 35(3) of the Uniform Rules of Court - a probability has not been shown to exist that defendant is either mistaken or false in his assertion of irrelevance or in his assertion that certain documents no longer in his possession and their whereabouts unknown to him.

(b) Further particulars - to compel the furnishing of adequate further particulars requested under rule 21 - particulars requested not strictly necessary to prepare for trial. Application dismissed.
Interlocutory counter-application: Discovery, inspection and production of documents – to compel production of documents requested under rule 35(3) of the Uniform Rules of Court - a probability has not been shown to exist that plaintiffs either mistaken or false in their assertion of irrelevance. Evidence – Privilege – Legal professional privilege – Rule that document once privileged always privileged part of our law – Privilege extends to consultation notes by plaintiffs’ attorneys made during consultation with witness in preparation for hearing of unrelated legal proceedings - consultation notes remain subject to privilege and plaintiffs not obliged to disclose them. Counter-application dismissed.