Discovery applications must establish relevance and necessity of documents, particularly in matrimonial disputes, with clear identification of documents sought.

Introduction

[1] This is the Petitioner wife's application in encl 38, for discovery of several documents in List A (attached to the Petitioner's affidavit in support), pertaining to the Respondent husband's income and assets. The application was filed pursuant to O 24, rr 3 and 7 of the Rules of Court 2012 ("Rules of Court"), which read:

Order 24 - Discovery and inspection of documents

Rule 3 - Order for discovery

(1) Subject to the provisions of this rule and of rr 4 and 8, the Court may at any time order any party to a cause or matter (whether begun by writ, originating summons or otherwise) to give discovery by making and serving on any other party a list of the documents which are or have been in his possession, custody or power and may at the same time or subsequently also order him to make and file an affidavit verifying such a list and to serve a copy thereof on the other party. Order for discovery of particular documents.

...

Rule 7 - Order for discovery of particular documents

(1) Subject to r 8, the Court may at any time, on the application of any party to a cause or matter, make an order requiring any other party to make an affidavit stating whether any document specified or described in the application or any class of document so specified or described is, or has at any time been, in his possession, custody or power, and if not then in his possession, custody or power when he parted with it and what has become of it.

(2) An order may be made against a party under this rule notwithstanding that he may already have made or been required to make a list of documents or affidavit under r 3.

(3) An application for an order under this rule shall be supported by an affidavit stating the belief of the deponent that the party from whom discovery is sought under this rule has, or at some time had, in his possession, custody or power the document, or class of document, specified or described in the application, and that it falls within one of the following descriptions:

(a) a document on which the party relies or will rely;

(b) a document which could:

(i) adversely affect his own case;

(ii) adversely affect another party's case; or

(iii) support another party's case; and

(c) a document which may lead the party seeking discovery of it to a series of inquiry resulting in his obtaining information which may:

(i) adversely affect his own case;

(ii) adversely affect another party's case; or

(iii) support another party's case.

(4) An order under this rule shall not be made in any cause or matter in respect of any party before an order under r 3 has first been obtained in respect of that party, unless, in the opinion of the Court, the order is necessary or desirable.

[Emphasis Added]

The Factual Background

[2] The Petitioner and Respondent (collectively "the Parties") were united in marriage in June 1981 and shared four decades of togetherness, before their union took an unfortunate turn when the Petitioner alleged that she was forced by the Respondent to leave the matrimonial home.

[3] In February 2022, the Petitioner took the necessary legal steps and filed a divorce petition ("the Divorce Petition"). Responding to this, the Respondent filed a timely response and cross-petition ("the Cross-Petition") in March 2022.

[4] In October 2022, the Petitioner filed an application ("this Application") for