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r 18.05

Discovery from prospective defendant

In force
Chapter 1General Rules
Part 18Preliminary discovery and discovery from non-party

18.05 Discovery from prospective defendant

Where:

(a)

there is reasonable cause to believe that the applicant has or may have the right to obtain relief in the Court from a person whose description the applicant has ascertained;

(b)

after making all reasonable enquiries, the applicant has not sufficient information to enable the applicant to decide whether to commence proceedings to obtain the relief; and

(c)

there is reasonable cause to believe that the person has or is likely to have, or has had or is likely to have had, in the person's possession a document relating to the question whether the applicant has the right to obtain the relief and that inspection of the document by the applicant would assist the applicant to make the decision,

the Court may order that the person must give discovery of the document to the applicant.

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