Where representations as to future matters have been made, the statutory deeming provisions under s 51A of the TPA and s 12BB of the ASIC Act (which deem the representor not to have had reasonable grounds unless evidence is adduced to the contrary) are sufficient to establish reasonable cause to believe the applicant may have a right to relief for the purposes of Order 15A rule 6(a), and preliminary discovery may be ordered to enable the applicant to assess the strength of the respondent's defence. However, for claims dependent on the respondent's knowledge or deliberate non-disclosure, the bare theoretical possibility that the respondent may have withheld information is insufficient to meet the threshold.
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13 of the 101 citing cases carry a classified treatment. How each court treated it is available to signed-in members.