ICI Australia Operations Pty Ltd & Anor v Monsanto Australia Ltd & Ors [1997] FCA 1511

ICI Australia Operations Pty Ltd & Anor v Monsanto Australia Ltd & Ors [1997] FCA 1511

Because attachment "A" to the draft interrogatories stated "Manufacturer's name and address, Monsanto Australia Ltd", it was appropriate to over-rule the objection to administration of interrogatories 1 to 10, 15, 17 to 24 and 27, subject to allowing them in the form or to the effect of those interrogatories because refusal of leave for other interrogatories and an objection based on unintelligibility might affect their wording or sense.

Jurisdiction
Australia
Judgment Date
21 November 1997
Procedural Posture
Interlocutory Application Concerning Interrogatories / Ex Tempore Reasons for Judgment
Outcome
Leave granted in part to administer interrogatories.
Legal Topics
['interrogatories' 'leave to Administer Interrogatories' 'objections to Interrogatories']
['civil Procedure'] ['interrogatories' 'leave to Administer Interrogatories' 'objections to Interrogatories']

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Procedural Posture

Interlocutory Application Concerning Interrogatories / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether leave should be granted to administer proposed interrogatories 1 to 10, 15, 17 to 24 and 27.' 'Whether objections to the administration of particular interrogatories should be upheld.']

Ratio Decidendi

Because attachment "A" to the draft interrogatories stated "Manufacturer's name and address, Monsanto Australia Ltd", it was appropriate to over-rule the objection to administration of interrogatories 1 to 10, 15, 17 to 24 and 27, subject to allowing them in the form or to the effect of those interrogatories because refusal of leave for other interrogatories and an objection based on unintelligibility might affect their wording or sense.

Court Disposition

Leave granted in part to administer interrogatories.

Orders

  • ['Leave granted to the applicant to administer interrogatories in the form or to the effect of interrogatories 1 to 10, 15, 17 to 24 and 27.']