Fei v Hexin Pty Ltd

(2024) 75 VR 581; [2024] VSCA 158

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Preliminary discovery
3. › Discovery from prospective defendant
4. › Whether reasonable cause to believe applicant has or may have right to obtain relief
5. › Whether applicant required to identify cause of action
6. › Whether substantial injustice if order undisturbed
7. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 32.05
1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Discretionary decisions
5. › Whether substantial injustice if decision left undisturbed
6. › Application of House v The King principles
7. › Supreme Court Act 1986 (Vic), s 14C
1. Practice and Procedure
2. › Preliminary discovery
3. › Refusal to order discovery
4. › Whether applicant established relevant contractual relationship
5. › Whether judge erred in finding applicant not party to contract
6. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 32.05

Quick Take

Preliminary discovery in Victoria does not require identification of a specific cause of action; demonstration of facts from which it may reasonably be believed the applicant may have a right to obtain relief is sufficient.