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Evidence, preliminary discovery

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Campbell Investment Co Pty Limited -v- Dent Specialist Australia Pty Limited [2012] NSWSC 1389. Windeyer AJ.

Applcation for preliminary discovery under UCPR 5.3.

15. The question is whether or not the plaintiff has made out entitlement to an order under r 5.3.

For this the Court needs to be satisfied that the plaintiff may be entitled to make a claim for relief against one or more of the defendants, but having made reasonable enquiries is unable to obtain sufficient information to decide whether or not to commence proceedings against that particular defendant.

And that the prospective defendant may have or have had possession of a document that can assist in determining whether the applicant is entitled to make a claim for relief, and inspection of such a document which assist the applicant to make a decision send as to it. 

16. If those requirements are met, then the Court may make an order for discovery. Unless they are met, it cannot do so.

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