Preliminary Discovery - Determine the merits of a claim before filing

2014-01-15 17:50:29

In a recent decision, Athena Investment Holdings LLC v AJ Lucas Group Ltd[1], (Athena v AJL) the issue of preliminary discovery was clarified where Robb J found in favour of Athena Investment Holdings LLC (Athena), ordering AJ Lucas Group Ltd (AJL) to give discovery to Athena in the each of the categories sought by Athena.


This is a reminder of the ability of a claimant to determine its claim for relief, prior to issuing a statement of claim or summons.


For the complete article, contact the author - Leo Tyndall at 

[1] [2013] NSWSC 1837