THIRD PARTY DISCLOSURE SHORTLY BEFORE TRIAL: “WHAT ONE PERSON REGARDS AS OPPORTUNISM MIGHT EQUALLY WELL BE ANOTHER PERSON’S CREATIVE LAWYERING”

This is a case about a late application for third party disclosure.  The order was granted despite the trial date being imminent.  The respondents complained of "opportunism" the judge observed that this may well be described as "creative lawyering". "...litigation is an inherently adversarial proce...