Pan v Hampton Accelerate Pty Ltd

The parties to the proceeding were Pan, the applicant, and Hampton Accelerate Pty Ltd, and others, the respondents. The applicant sought an order for non-standard discovery of documents related to the performance of services rendered by the respondents in connection with the applicant’s attempts to obtain a visa. The court was required to determine whether the applicant had discharged the onus of proving that the documents sought were necessary for the resolution of the case.

The court considered the arguments of the parties, including the respondents' contention that the documents sought were not relevant to the issues in the proceeding and would impose an undue burden on them. The court also noted that the parties had already agreed to provide documents in a category that encompassed the documents sought by the applicant. The court concluded that the applicant had not established that the documents sought were necessary for the resolution of the proceeding.

The interlocutory application was dismissed to the extent that the applicant sought discovery of documents described in category 1(d) of the Annexure. The court ordered that the applicant would bear the costs of the proceeding.