sec.208DOrders for preliminary disclosure

### sec.208D Orders for preliminary disclosure The court may make an order under subrule (2) if it appears to the court that— an applicant may have a right to relief against a prospective defendant; and it is impracticable for the applicant to start a proceeding against the prospective defendant without reference to a document; and there is an objective likelihood that the prospective defendant has, or is likely to have, possession or control of the document; and inspection of the document would assist the applicant to make the decision to start the proceeding; and the interests of justice require the order to be made. The court may order that the prospective defendant— disclose the document to the applicant as directed by the order; or produce the document to the court as directed by the order. Unless the court orders otherwise— an application for an order under subrule (2) must be supported by an affidavit stating— the facts on which the applicant relies; and the document in respect of which the order is sought; and a copy of the application and the supporting affidavit must be served personally on the prospective defendant. An application for an order under subrule (2) must be made— if it relates to an existing proceeding to which the applicant is a party—by application in the proceeding; or otherwise—by originating application. r 208D ins 2021 SL No. 184 s 7 (sec.208D-ssec.1) The court may make an order under subrule (2) if it appears to the court that— an applicant may have a right to relief against a prospective defendant; and it is impracticable for the applicant to start a proceeding against the prospective defendant without reference to a document; and there is an objective likelihood that the prospective defendant has, or is likely to have, possession or control of the document; and inspection of the document would assist the applicant to make the decision to start the proceeding; and the interests of justice require the order to be made. (sec.208D-ssec.2) The court may order that the prospective defendant— disclose the document to the applicant as directed by the order; or produce the document to the court as directed by the order. (sec.208D-ssec.3) Unless the court orders otherwise— an application for an order under subrule (2) must be supported by an affidavit stating— the facts on which the applicant relies; and the document in respect of which the order is sought; and a copy of the application and the supporting affidavit must be served personally on the prospective defendant. (sec.208D-ssec.4) An application for an order under subrule (2) must be made— if it relates to an existing proceeding to which the applicant is a party—by application in the proceeding; or otherwise—by originating application. - (a) an applicant may have a right to relief against a prospective defendant; and - (b) it is impracticable for the applicant to start a proceeding against the prospective defendant without reference to a document; and - (c) there is an objective likelihood that the prospective defendant has, or is likely to have, possession or control of the document; and - (d) inspection of the document would assist the applicant to make the decision to start the proceeding; and - (e) the interests of justice require the order to be made. - (a) disclose the document to the applicant as directed by the order; or - (b) produce the document to the court as directed by the order. - (a) an application for an order under subrule (2) must be supported by an affidavit stating— (i) the facts on which the applicant relies; and (ii) the document in respect of which the order is sought; and - (i) the facts on which the applicant relies; and - (ii) the document in respect of which the order is sought; and - (b) a copy of the application and the supporting affidavit must be served personally on the prospective defendant. - (i) the facts on which the applicant relies; and - (ii) the document in respect of which the order is sought; and - (a) if it relates to an existing proceeding to which the applicant is a party—by application in the proceeding; or - (b) otherwise—by originating application.