Preliminary discovery - A useful tool to determine your chances prior to filing a claim?

In a recent decision, Athena Investment Holdings LLC v AJ Lucas Group Ltd¹ , (Athena v AJL) the issue of preliminary discovery was clarified where Robb J found in favour of Athena Investment Holdings LLC (Athena), ordering AJ Lucas Group Ltd(AJL) to give discovery to Athena in the each of the categories sought by Athena.

This is a reminder of the ability of a claimant to determine its claim for relief, prior to issuing a statement of claim or summons.

The law is set out in Rule 5.3(1) Uniform Civil Procedure Rules 2005 (NSW) (UCPR) that states as follows:

1. If it appears to the court that:
2. 1. the applicant may be entitled to make a claim for relief from the court against a person (the prospective defendant) but, having made reasonable inquiries, is unable to obtain sufficient information to decide whether or not to commence proceedings against the prospective defendant, and