Pandolfo v Finadri

In the case of Pandolfo v Finadri, the plaintiff sought preliminary discovery against the defendants, who were the administrators of the estate of a deceased man. The plaintiff alleged that the deceased owed them a debt. The matter was heard in the Supreme Court of New South Wales. The plaintiff argued that they had reasonable grounds to believe that they may have a right to obtain relief against the defendants and that the information sought would enable them to decide whether to commence proceedings. The defendants opposed the application on the grounds that the plaintiff's evidence was hearsay and inadmissible.

The court had to determine whether the plaintiff had established that they had reasonable grounds to believe that they may have a right to obtain relief against the defendants. Additionally, the court had to determine whether the information sought by the plaintiff was sufficient to enable them to decide whether to commence proceedings. The court also had to consider the admissibility of hearsay evidence in interlocutory applications.

The court found that the plaintiff had established that they had reasonable grounds to believe that they may have a right to obtain relief against the defendants. The court also found that the information sought by the plaintiff was sufficient to enable them to decide whether to commence proceedings. The court held that hearsay evidence could be considered in interlocutory applications where it is the only available evidence and where it is in the interests of justice to do so. The court ordered preliminary discovery and noted that the defendants could apply to have the information inspected and to object to its production on the merits of the case.

The court ordered that the defendants provide the plaintiff with the information sought within 28 days. The defendants were also ordered to pay the plaintiff's costs of the application.