High Court, in an application to preserve evidence for a personal injuries action in advance of proceedings, orders the preservation of the incident report form, the CCTV of the incident and the cleaning rosters in connection with the ladder/climbing structure and the area of ground in its immediate vicinity and/or within the room within which the ladder/climbing structure is situated, on the grounds that the application was brought bona fide and will enable the fair disposal of the proceedings.
Personal injuries – application to preserve evidence in advance of issuing proceedings – alleges suffered injuries when he lost his footing when ascending ladder in the course of his employment - incident report form – CCTV – cleaning roster – relevant statutory provision which allows for such applications - repeated unanswered correspondence – seeking to preserve for trial – application to preserve, not to inspect or discover - inspection would not normally be ordered until pleadings are closed and that the right of a party to seek inspection or discovery is in no way dependent on the strength of the Plaintiff’s claim – provision should be construed strictly not least because a respondent to such an application has not yet become a party to litigation and thus his or her position ought not be any less favourable than that of a defendant in extant proceedings - balancing the rights of the parties – application bona fide – for fair disposition of proceedings – order requiring the respondent to preserve the cleaning rosters for its entire premises for three days is unnecessarily broad and is not required for the fair and just disposition of any proceedings that may be instituted – order to CCTV of the incident - preserve any incident report form – order to preserve order for the preservation of cleaning rosters in connection with the ladder/climbing structure and the area of ground in its immediate vicinity and/or within the room within which the ladder/climbing structure is situate, ought to meet the justice of the situation –