30 Nov 2005
HITA V SUTCLIFFE AND ORS HC AK CIV.2005-404-4756
- Citation
- openlaw-e3ab4ffc_b3bd_49cb_9854_14a7b38fb597.pdf
- Court
- High Court
The Court dismissed the R301 application because the intending plaintiff had sufficient material and a comprehensive draft claim to formulate pleaded causes of action; he failed to show it was "impossible or impracticable" to plead the claim without pre-issue discovery. The draft pleadings and the voluntary discovery rendered an R301 order unnecessary; alternative procedural steps (issuing proceedings, normal discovery, non-party discovery or appointment of an independent executor) were available and appropriate.