Judgment from the Western Cape High Court in which the postponement of a divorce trial was sought and opposed.
The applicant claimed that the matter was not trial ready because the respondent had not made full discovery of all documents relevant to his financial position, in that certain bank statements were subpoenaed which showed the existence of undisclosed accounts. The respondent failed to respond to the allegations made against him in the affidavit in support of the postponement application. Counsel for the respondent argued that these discrepancies could be dealt with under cross-examination, but counsel for the applicant submitted that in the absence of proper discovery, the respondent’s evidence could not be effectively challenged under cross.
Adhikari AJ held that failing full financial disclosure, the Court would not be in a position to determine the value of the joint estate or the quantum of maintenance, and this would not be in the interests of justice. The trial was postponed sine die.