chapter
2 Pages

Application to withhold disclosure or permit inspection

Such an application can be made in relation to any type of matter so long as the following conditions are satisfied: • the respondent to the application is likely to be a party to subsequent

proceedings; • the applicant is also likely to be a party to those proceedings; • the document or classes of document for which the applicant seeks

disclosure would be disclosable by the respondent in accordance with standard disclosure if proceedings had started; and

• pre-action disclosure is desirable in order to either: (a) dispose fairly of the anticipated proceedings;

33 See Chapter 19, Making Applications for Court Orders.