Tag: preliminary discovery
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Preliminary discovery
[43] Determination of an application for preliminary discovery under UCPR r 5.3 does not involve determination of the merits of any claim for relief an applicant might propound: O’Connor v O’Connor [2018] NSWCA 214 at [76]. Such applications are summary in nature and not mini-trials, and the use of such applications as dress rehearsals for a trial have rightly been deprecated: Pfizer…
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Preliminary discovery
APPEALS – civil procedure – preliminary discovery – Uniform Civil Procedure Rules 2005 (NSW), r 5.3(1) – where application dismissed for failure to satisfy the Court of entitlement to make a claim for relief – whether dismissal involved a determination of the merits of the claim at an interlocutory stage CIVIL PROCEDURE – preliminary discovery…