ANSA Enterprises Pty Ltd v Commonwealth Bank of Australia

The plaintiff, ANSA Enterprises Pty Ltd, sought pre-action discovery from the Commonwealth Bank of Australia, which was not a party to any contract with ANSA but was named in the application as the bank of an unknown third party. The application turned on its own facts as the plaintiff had no contractual relationship with the defendant and could not identify a cause of action. The court was required to determine whether the plaintiff was entitled to pre-action discovery of documents from the defendant in the absence of a contractual relationship between the parties and in the absence of the plaintiff identifying a cause of action against the defendant.

The court held that the plaintiff had not demonstrated a sufficient basis for the order sought. The court found that the plaintiff had not established a contractual relationship between itself and the defendant, and the plaintiff was unable to identify a cause of action against the defendant. The court held that the application turned on its own unique facts, and the court found that the plaintiff had not provided sufficient information to warrant an order for pre-action discovery. The court dismissed the application.

The court dismissed the application for pre-action discovery and made no orders as to costs.