Dispute - Application for Pre-Action Disclosure

Question 1

What are the required grounds which must be satisfied for an order for pre-action disclosure to be made?

Answer 1

1) The applicant and respondent are likely to be parties to subsequent proceedings; and,
2) If proceedings had started, disclosure obligations would extend to the documents or classes of documents of which the applicant seeks disclosure; and,
3) Pre-action disclosure is desirable in order to:-
i) dispose fairly of the anticipated proceedings,
ii) assist the dispute to be resolved without proceedings; or,
iii) save costs.