"It is not like Venus applies for docs under discovery and just gets them, not like that at all.. I don't think so."
Um, no that's actually what happens. Each party to any litigation has a positive duty under the Supreme Court Rules to provide discovery of all documents that are relevant to any fact in issue, whether that be a fact in issue for their own case or their opponents case. It is a continuous obligation as well.
Also, even if there was to be a dispute about whether SPX was to give discovery of certain categories of documents, provided that VMC can demonstrate that they are relevant to a fact in issue or that they could be relevant, then SPX will be ordered to produce them and ordered to pay VMC's costs of that application.
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Ann: Venus Commences Proceedings against Spectrum Metals Limited, page-141
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