Notice party refused discovery in property charge dispute as court finds no entitlement in substantive claim

The High Court refused an application by a notice party to obtain inter partes discovery from the plaintiffs and the first defendant in proceedings concerning a dispute over whether the bank was obliged to release charges on four units of property. The court found that the notice party was not entitled to seek discovery as it was neither advancing nor defending any claim in the substantive proceedings, and its role was limited to any potential impact on its own legal rights as a result of the final outcome. The application was also rejected on the alternative basis of seeking discovery as a defendant to a counterclaim, as the bank was not a party to that counterclaim and non-party discovery would be the appropriate procedure. The court emphasised that discovery cannot be used for a 'fishing expedition' or sought for use in separate, related litigation, and highlighted the absence of necessity and relevance in the application. The judge clarified that procedural directions for joinder and case management did not establish an entitlement for the notice party to make this type of discovery request.