Ajaka v Nine Network Pty Ltd (No 2)

The matter before the court involved two parties, Ajaka and Nine Network Pty Ltd. Ajaka had previously initiated proceedings against Nine Network but had not yet formally commenced a lawsuit. In this instance, Ajaka sought an order for preliminary discovery from Nine Network, which the latter opposed. The case was heard in the Supreme Court of New South Wales, which had to determine the appropriate legal issues surrounding the application for discovery.

The primary legal issue before the court was whether it had the jurisdiction and power to order discovery or production when proceedings were not formally on foot. The court needed to consider whether the situation fell under the scope of UCPR rule 5.3, which deals with discovery in cases where proceedings have been commenced. Another consideration was whether the applicants had already decided to sue the defendants, and if so, whether this influenced the court's jurisdiction.

The court found that since Ajaka had not formally commenced proceedings, UCPR rule 5.3 did not apply. The court also held that there was no evidence that Ajaka had altered their view about suing Nine Network, meaning that the decision to seek preliminary discovery was made while the formal proceedings were still pending. The court concluded that it lacked the jurisdiction to make an order for discovery or production in these circumstances, as no proceedings were formally on foot. Consequently, the summons was dismissed.

The final orders of the court were that the summons be dismissed with no orders as to costs. The court determined that it did not have the jurisdiction to make an order for discovery or production when no proceedings were formally on foot, and therefore the application was unsuccessful.