NCLAT: Can’t Dismiss Restoration App. if Filed in 30 Days from Date of Dismissal of Original App.  ||  Delhi HC: Communication between Parties through Whatsapp Constitute Valid Agreement  ||  Delhi HC Seeks Response from Govt. Over Penalties on Petrol Pumps Supplying Fuel to Old Vehicles  ||  Centre Notifies "Unified Waqf Management, Empowerment, Efficiency and Development Rules, 2025"  ||  Del. HC: Can’t Reject TM Owner’s Claim Merely because Defendant Could have Sought Removal of Mark  ||  Bombay HC: Cannot Treat Sole Director of OPC, Parallelly with Separate Legal Entity  ||  Delhi HC: Can Apply 'Family of Marks' Concept to Injunct Specific Marks  ||  HP HC: Can’t Set Aside Ex-Parte Decree for Mere Irregularity  ||  Cal. HC: Order by HC Bench Not Conferred With Determination by Roster is Void  ||  Calcutta HC: Purchase Order Including Arbitration Agreement to Prevail Over Tax Invoice Lacking it    

Coates v. Report card Pty Ltd - (26 Jun 2019)

Court is empowered to make an order for pre-action discovery on basis that, Defendant has possession of information that will assist Plaintiff’s case

Civil

The Plaintiffs have applied for orders for pre-action discovery pursuant to Order 26A Rule 3 of the Rules of the Supreme Court 1971 (RSC). The first to fifth plaintiffs are directors of the sixth plaintiff, Flinders Mines Ltd. The defendant, Report Card Pty Ltd, owns and maintains a website (the Forum). The Plaintiffs seek an order that the Defendant provide to the Plaintiffs copies of documents in its possession, custody or power which evidence the registration information, IP address records and the name, address and/or contact details of 23 user names listed in the originating summons (the Users).

Order 26A Rule empowers the Court to order another person (the non-party) to give discovery to the applicant, to identify a person against whom the applicant appears to have a cause of action (the potential party) where the following conditions are satisfied: 1. The applicant appears to have a cause of action against a person (the potential party); 2. The applicant wants to commence proceedings against the potential party; 3. The applicant has made reasonable enquiries, but has not been able to ascertain a description of the potential party sufficient for the purposes of commencing proceedings against the potential party; and 4. There are reasonable grounds for believing that the non-party had, has, or is likely to have had, or to have, possession of information, documents or any object that may assist in ascertaining the description of the potential party.

There are reasonable grounds for believing that, the Defendant has possession of information that will assist the plaintiffs in ascertaining the identity of the Users. The Plaintiffs have satisfied the conditions to enliven the court's jurisdiction to make an order for pre-action discovery. The application is not opposed by the Defendant. The Plaintiffs have no effective remedy against the Users, if an order is not made. It is appropriate to make the orders sought.

Tags : PRE-ACTION DISCOVERY   DOCUMENTS   DISCRETION  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved