The Hancock Family Memorial Foundation Ltd v Fieldhouse [No 2]

The Hancock Family Memorial Foundation Ltd sought to apply for preliminary discovery from a potential party, Mr Fieldhouse, in order to identify whether or not he was a suitable party to join in proceedings against others. The plaintiff was unable to ascertain sufficient information about the potential party to determine whether to proceed with the case. The court was required to determine whether the plaintiff had been able to ascertain sufficient information about the potential party to enable it to make a decision as to whether to commence or take proceedings against him. The court considered whether the plaintiff had undertaken sufficient inquiries to determine whether the potential party was a suitable party to join in the proceedings.

The court found that the plaintiff had undertaken reasonable inquiries into the potential party and was unable to obtain sufficient information to make a decision as to whether to proceed with the case. The court held that the plaintiff was entitled to seek preliminary discovery from the potential party, and that the application should be allowed. The court noted that the matter turned on its own facts, and that the decision was made in accordance with the Rules of the Supreme Court 1971 (WA) O 26A r 3 and r 4.

The court allowed the application for preliminary discovery, finding that the plaintiff had undertaken sufficient inquiries and was unable to obtain sufficient information to make a decision as to whether to proceed with the case. The court held that the plaintiff was entitled to seek preliminary discovery from the potential party to obtain the necessary information. The court found that the application should be allowed and that the matter turned on its own facts. The court made its decision in accordance with the Rules of the Supreme Court 1971 (WA) O 26A r 3 and r 4.