Lawrance v Pickles [2005] NSWSC 718

Lawrance v Pickles [2005] NSWSC 718

The applicant fails to establish that any defendant has or may have sufficient relevant knowledge or documents concerning the alleged non-consensual medical treatment or discrimination so as to warrant an order for preliminary discovery under Part 3 rule 1 of the Supreme Court Rules 1970. The evidence does not support the necessary foundation for preliminary discovery and there is insufficient prospect of success in any putative claim.

Jurisdiction
Australia
Judgment Date
18 July 2005
Procedural Posture
Summons for Preliminary Discovery / Judgment on Application for Preliminary Discovery
Outcome
Applicant's summons for preliminary discovery dismissed. First defendant's motion dismissed. Applicant to pay the defendants' costs as agreed or assessed.
Legal Topics
['preliminary Discovery' 'discovery Against Non Parties' 'trespass to the Person' 'unlawful Discrimination' 'application of Supreme Court Rules 1970']
['civil Procedure'] ['preliminary Discovery' 'discovery Against Non Parties' 'trespass to the Person' 'unlawful Discrimination' 'application of Supreme Court Rules 1970']

Case Brief

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Procedural Posture

Summons for Preliminary Discovery / Judgment on Application for Preliminary Discovery

Legal Issues

  1. 1 ['Whether the applicant is entitled to preliminary discovery against the defendants under Part 3 rule 1 of the Supreme Court Rules 1970' 'Whether the applicant has prospects of success in possible claims for trespass to the person or unlawful discrimination' 'Whether any defendant may have knowledge of facts relevant to the alleged non-consensual medical treatment or to pending discrimination proceedings']

Ratio Decidendi

The applicant fails to establish that any defendant has or may have sufficient relevant knowledge or documents concerning the alleged non-consensual medical treatment or discrimination so as to warrant an order for preliminary discovery under Part 3 rule 1 of the Supreme Court Rules 1970. The evidence does not support the necessary foundation for preliminary discovery and there is insufficient prospect of success in any putative claim.

Court Disposition

Applicant's summons for preliminary discovery dismissed. First defendant's motion dismissed. Applicant to pay the defendants' costs as agreed or assessed.

Orders

  • ["Dismiss the applicant's summons for preliminary discovery." "Dismiss the first defendant's motion." "The applicant is to pay the defendants' costs, as agreed or assessed."]