Comedian and TV personality Soli Philander, who is suing former Good Hope FM DJ Nigel Pierce for R150 000 for defamation, has applied urgently to the Cape High Court for an order compelling Pierce's legal team to hand over his contract with the SABC and recordings of a broadcast on October 19 last year.

The application was withdrawn hours after Pierce's attorneys had given an undertaking on Thursday afternoon to hand over this and other information to which Philander was entitled.

Philander's claim for damages is to be heard by the Cape High Court on November 7.

It stems from one of Pierce's Goodhope FM breakfast shows during which the presenter asked callers who'd had sex with celebrities to phone in.

One caller, who did not identify himself, claimed on air that he'd had casual sex with Philander in a Cape Town hotel room two months before.

Part of the transcript of the broadcast, which was put before the court, reads:

Pierce: You slept with Soli Philander?

Caller: That's right.

Pierce: Right, right, right ... and how long ago was that?

Caller: Um, with Soli, it was two months ago.

Pierce: Soli, two months ago?

Caller: That's right.

Pierce: Right. And where did this happen? In Cape Town?

Caller: That's right.

Pierce: Fantastic. OK ... now we must go.

Caller: I love you.

Pierce: I love you, man.

In papers filed with the court, Philander claims that Good Hope FM had about 413 000 listeners at the time and that 88 000 of them had listened to the broadcast.

The SABC and station manager Paul Kay have also been cited as respondents.

Philander alleged that Pierce and Kay exercised control over the content of the show as well as discussions with callers.

Pierce denied that defamation was intended and said that the phone-in was meant in jest.

His contract with the SABC was terminated in May. He was later appointed by CapeTalk as host of an afternoon talk show.

Deena Moodley, of Moodley Bavasah and Associates, and Susie Cowen represent Philander. Greg Dicks, of Dicks Attorneys, and Thomas Tyler represent Pierce, the SABC and Kay.

With acknowledgements to Fatima Schroder and Cape Times.