Preliminary discovery under UCPR r 5.3(1) is available where the applicant knows the identity of the prospective defendant and the causes of action but lacks sufficient information to decide whether to commence proceedings as a practical and commercial matter. The rule is not confined to discovery to establish a cause of action; it extends to documents relevant to available defences, the extent of apprehended breaches, and the likely quantum of damages.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.