Roads and Traffic Authority of New South Wales v Care Park Pty Limited

[2012] NSWCA 35

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Preliminary discovery
3. › Discovery to ascertain prospective defendant's identity
4. › Threshold requirements
5. › Whether applicant must demonstrate desire or purpose to commence proceedings
6. › Whether desire may be conditional
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 5.1, 5.2
1. Practice and Procedure
2. › Preliminary discovery
3. › Discovery to ascertain prospective defendant's identity
4. › Scope of documents discoverable
5. › Whether documents identifying registered owner 'relate to' identity of person who parked vehicle
6. › Uniform Civil Procedure Rules 2005 (NSW), r 5.2(2)(b)
1. Practice and Procedure
2. › Preliminary discovery
3. › Historical equitable jurisdiction
4. › Bill for discovery in aid of pending or intended proceedings
5. › Whether modern rule departs from equitable requirement

Quick Take

An applicant for preliminary discovery under UCPR r 5.2 must demonstrate, as a threshold requirement, a genuine desire to bring proceedings against the person whose identity is sought. 'Desire' is something less fixed and certain than an 'intention' or 'purpose'. A conditional desire — one that may be abandoned for good reason after the information is obtained (e.g., the debt is paid, the prospective defendant is not the wrongdoer, or the defendant cannot be found) — is sufficient. Documents identifying the registered owner of a vehicle 'relate to' the identity of the person who parked the vehicle for the purposes of r 5.2(2)(b).