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16.2
Discovery by request
Proposal 27
subject to an inter partes request, with further discovery requiring the court's order, along
the lines of the system adopted in New South Wales.
This alternative Proposal attracted little support, with respondents to the consultation
preferring either to retain the Peruvian Guano principles or to adopt the CPR standard
discovery approach. It was pointed out that under O 24 r 10, parties already have the
right to require early inspection of documents referred to in pleadings, affidavits and
witness statements. A number thought that this alternative approach was likely to lead
to interlocutory applications and higher costs.
Recommendation 74: Proposal 27 (for adopting a system of discovery based
on disclosure of the documents referred to by the parties plus a limited number
of requested documents) should not be adopted.
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