Chris (Krste) Saravinovski v George Saravinovski [2014] NSWSC 1282

Chris (Krste) Saravinovski v George Saravinovski [2014] NSWSC 1282

The proposed interrogatories are not necessary at the present time to determine the liability issues in the cross-claim; necessity is to be determined in light of pleadings and relief sought. Many of the issues raised by interrogatories are only relevant to an accounting, should liability be found. Rule 22.1(4) precludes an order being made for interrogatories now.

Parties
Plaintiff/cross Defendant: Chris (Krste) Saravinovski; Defendant/cross Claimant: George Saravinovski
Jurisdiction
Australia
Judgment Date
17 September 2014
Procedural Posture
Notice of Motion / Application for Order That Cross Defendant Answer Interrogatories
Outcome
Notice of Motion dismissed
Legal Topics
Discovery and Interrogatories, Necessity for Interrogatories, Case Management
Civil Procedure Discovery and Interrogatories Necessity for Interrogatories Case Management

Case Brief

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Parties

Chris (Krste) Saravinovski

Plaintiff/cross Defendant

George Saravinovski

Defendant/cross Claimant

Procedural Posture

Notice of Motion / Application for Order That Cross Defendant Answer Interrogatories

Legal Issues

  1. 1 Whether an order for interrogatories is 'necessary' at the present stage of proceedings under UCPR Pt 22, Rule 22.1(4)

Ratio Decidendi

The proposed interrogatories are not necessary at the present time to determine the liability issues in the cross-claim; necessity is to be determined in light of pleadings and relief sought. Many of the issues raised by interrogatories are only relevant to an accounting, should liability be found. Rule 22.1(4) precludes an order being made for interrogatories now.

Court Disposition

Notice of Motion dismissed

Orders

  • George’s notice of motion is dismissed.
  • George to pay Chris’ costs of today.