An applicant for preliminary discovery under r 5.3(1)(a) UCPR must disclose to the Court what information has already been obtained through reasonable inquiries and identify specifically what information is lacking for a decision to be made about commencing proceedings. A bare assertion that the applicant does not know whether they have rights to pursue is insufficient. The Court will make an objective assessment of the information already possessed to determine whether it is sufficient for such a decision. The question left open is whether, when particular categories of documents are sought under r 5.3(1)(b) and (c), the applicant must show the documents 'would' assist rather than 'could' or 'might' assist.
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