Catchwords:

CIVIL PROCEDURE — review of decision of Judge of Appeal — where primary judge dismissed notice of motion seeking document production and interrogatories — whether materials sought relevant to pleaded grounds — whether materials sought protected by legal professional privilege — whether requests amount to a “fishing expedition” — whether order for interrogatories necessary in interests of fair trial — where respondent confirmed it did not possess information sought by applicant

CIVIL PROCEDURE — vacation of hearing — whether issues on notice of motion require oral hearing — whether to determine notice of motion on the papers — where applicant sought to adjourn hearing — where question on application is limited