Fiduciary Ltd v Morningstar Research Pty Ltd [2007] NSWSC 432

Fiduciary Ltd v Morningstar Research Pty Ltd [2007] NSWSC 432

The interlocutory process seeking leave to administer interrogatories was dismissed because the interrogatories proposed were directed at ascertaining what documents were available for discovery and interrogating the adequacy of the discovery process, which is not permissible under Uniform Civil Procedure Rules unless discovery is completed and grounds for specific further interrogatories are shown. The proposed interrogatories did not relate to matters in issue between the parties as required by rule 22.2(a), and thus leave was refused.

Jurisdiction
Australia
Judgment Date
04 May 2007
Procedural Posture
Corporations Litigation / Interlocutory Application (leave to Administer Interrogatories)
Outcome
Plaintiff's interlocutory process dismissed with costs.
Legal Topics
['discovery' 'interrogatories' 'document Production' 'fair Trial' 'security for Costs']
['corporations Law' 'civil Procedure' 'equity'] ['discovery' 'interrogatories' 'document Production' 'fair Trial' 'security for Costs']

Case Brief

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Procedural Posture

Corporations Litigation / Interlocutory Application (leave to Administer Interrogatories)

Legal Issues

  1. 1 ['Whether leave should be granted to plaintiffs to administer interrogatories concerning electronic documents and adequacy of discovery' 'Whether interrogatories are appropriate given the existence of consent discovery orders' 'Whether interrogatories relate to matters in issue between parties or are objectionable under rules']

Ratio Decidendi

The interlocutory process seeking leave to administer interrogatories was dismissed because the interrogatories proposed were directed at ascertaining what documents were available for discovery and interrogating the adequacy of the discovery process, which is not permissible under Uniform Civil Procedure Rules unless discovery is completed and grounds for specific further interrogatories are shown. The proposed interrogatories did not relate to matters in issue between the parties as required by rule 22.2(a), and thus leave was refused.

Court Disposition

Plaintiff's interlocutory process dismissed with costs.

Orders

  • ['Interlocutory process of the plaintiffs dismissed with costs.']