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High Court refuses software company's application for inspection of former customer's computer files prior to the closing of pleadings on the basis, iner alia, that although there is no absolute rule prohibiting the application at this early stage, the plaintiff is in a position to know what its case is in general terms and, further, if ordered it would be impossible to police.
Plaintiff and defendant party to Global Framework Agreements - defendant indicated intention to terminate - deterioration of relationship - plaintiff seeks an order for inspection - Ord. 50, r. 4 of the Rules of the Superior Courts - seeks order for inspection pursuant to the terms of the contract - plaintiff claims it needs inspection in order to draft the statement of claim - whether it is inappropriate to order inspection before pleadings are closed - principles analogous to discovery prior to closure of pleadings - inspection will be ordered in an appropriate case where it is necessary to enable a party to make its case - plaintiff is in a position to know what its case is in general terms - inspection prior to closure of pleadings would be impossible to police - application premature.
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