(2) In this section—
“Registrar” includes a deputy or assistant registrar.
Registrar may apply for order. 40. The Registrar may, in case of doubt or difficulty, apply summarily to the High Court for an order for the direction and guidance of a bailiff, and the High Court may make such order in the matter as may seem just and reasonable.
PART VI
Discovery and Related Procedures
Power of High Court to order disclosure. etc. of documents before commencement of proceedings.
[cf. 1970 c. 31, s. 31.]
41. On the application, in accordance with rules of court, of a person who appears to the High Court to be likely to be a party to subsequent proceedings in that Court in which a claim in respect of personal injuries to a person or in respect of a person’s death is likely to be made, the High Court shall, in such circumstances as may be specified in the rules, have power to order a person who appears to the High Court to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising or likely to arise out of that claim—
- (a) to disclose whether those documents are in his possession, custody or power; and
- (b) to produce to the applicant such of those documents as are in his possession, custody or power.
Extension of powers of High Court to order disclosure of documents, inspection of property, etc.
[cf. 1970 c. 31, s. 32.]
42. (1) On the application, in accordance with rules of court, of a party to any proceedings in which a claim in respect of personal injuries to a person or in respect of a person’s death is made, the High Court shall, in such circumstances as may be specified in the rules, have power to order a person who is not a party to the proceedings and who appears to the High Court to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising out of that claim—
- (a) to disclose whether those documents are in his possession, custody or power; and
- (b) to produce to the applicant such of those documents as are in his possession, custody or powers.
(2) On the application, in accordance with rules of court, of a party to any such proceedings as are referred to in subsection (1), the High Court shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters—
- (a) the inspection, photographing, preservation, custody and detention of property which is not the property of, or in the possession of, any party to the proceedings but which is the subject matter of the proceedings or as to which any question arises in the proceedings;
- (b) the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.
(3) Subsections (1) and (2) are without prejudice to the exercise by the High Court of any power to make orders which is exercisable apart from those provisions.
(4) In this section—
“property” includes any land, chattel or other corporeal property of any description.
