The discretion under O 29 r 2(1)(c) and (d) to direct the mode of proof at trial is primarily directed at facilitating proof of matters not central to the principal issues in the case. A court should be slow to invoke the rule where there is a real dispute about matters going to the heart of the case. Where the application concerns documentary evidence that may be secondary in nature, the preconditions of s 79C of the Evidence Act 1906 (WA) must be addressed with adequate evidentiary foundation.
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