BWS v ARV [No 2]

The Court of Appeal was asked to consider an order for pre-action discovery that was made by a master in the Supreme Court. The appellant, BWS, sought leave to appeal against the order. The respondent, ARV, opposed the appeal. The appeal court had to decide whether the appellant was entitled to leave to appeal and, if so, whether the appeal should be allowed. The appeal court was required to determine whether the master's decision was correct that the respondent may have a cause of action against the appellant and, if so, whether the master's exercise of discretion in ordering pre-action discovery was correct. The appeal court found that the respondent had not established that he may have a cause of action against the appellant. The master had erred in concluding that the respondent may have a cause of action against the appellant. It followed that the master had no power to order pre-action discovery. The Court of Appeal allowed the appeal and set aside the orders of the Supreme Court.