Allstate Life Insurance Co v Australia & New Zealand Banking Group Ltd [1995] FCA 1082

Allstate Life Insurance Co v Australia & New Zealand Banking Group Ltd [1995] FCA 1082

Leave to administer the proposed interrogatories was refused because, although they might offer some efficiency, they would substantially operate as pre-trial cross-examination about matters relevant to reliance, inducement and credit, and Freehills had not made out a clear case for departing from the ordinary course of dealing with those matters at the hearing.

Jurisdiction
Australia
Judgment Date
19 December 1995
Procedural Posture
Application by the 54th Respondent for Leave to Administer Interrogatories / Interlocutory Notice of Motion Before Trial
Outcome
The notice of motion was dismissed.
Legal Topics
['interrogatories' 'leave to Administer Interrogatories' 'witness Statements' 'cross Examination Before Trial' 'reliance and Inducement' 'credit of Witnesses']
['civil Procedure' 'evidence'] ['interrogatories' 'leave to Administer Interrogatories' 'witness Statements' 'cross Examination Before Trial' 'reliance and Inducement' 'credit of Witnesses']

Case Brief

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Procedural Posture

Application by the 54th Respondent for Leave to Administer Interrogatories / Interlocutory Notice of Motion Before Trial

Legal Issues

  1. 1 ['Whether Freehills should be granted leave to serve a notice to answer interrogatories on the 1st, 2nd, 3rd, 7th, 8th, 9th and 16th applicants.' 'Whether proposed interrogatories concerning other high risk securities would impermissibly amount to cross-examination in advance of the trial and go to the credit of witnesses.']

Ratio Decidendi

Leave to administer the proposed interrogatories was refused because, although they might offer some efficiency, they would substantially operate as pre-trial cross-examination about matters relevant to reliance, inducement and credit, and Freehills had not made out a clear case for departing from the ordinary course of dealing with those matters at the hearing.

Court Disposition

The notice of motion was dismissed.

Orders

  • ['Leave was granted to Freehills to file the notice of motion in Court and the notice of motion was made returnable instanter.' 'The orders sought in the notice of motion were declined.' 'The notice of motion is dismissed.' 'The 54th respondent is to pay the costs of the 1st, 2nd, 3rd, 7th, 8th, 9th and 16th...