Aspar Autobarn Co-Op Society & Ors v. Dovala Pty Ltd & Ors [1987] FCA 291

Aspar Autobarn Co-Op Society & Ors v. Dovala Pty Ltd & Ors [1987] FCA 291

The applicants' interrogatories in question were relevant, appropriately framed, and not oppressive or vexatious within the meaning of Federal Court Rules Ord.16 r.9. Objections made on other grounds were not available, and the respondents were required to provide further and better answers accordingly.

Parties
Applicants: Aspar Autobarn Co-operative Society and Others; Respondents: Dovala Pty Ltd and Others
Jurisdiction
Australia
Judgment Date
11 June 1987
Procedural Posture
Notice of Motion (interlocutory) / Ruling on Objections to Interrogatories
Outcome
Notice of motion granted in favour of the applicants.
Legal Topics
Interrogatories, Objections, Practice and Procedure
Civil Procedure Interrogatories Objections Practice and Procedure

Case Brief

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Parties

Aspar Autobarn Co-operative Society and Others

Applicants

Dovala Pty Ltd and Others

Respondents

Procedural Posture

Notice of Motion (interlocutory) / Ruling on Objections to Interrogatories

Legal Issues

  1. 1 Whether respondents' objections to specific interrogatories were valid under Federal Court Rules Ord.16 r.9
  2. 2 Interpretation of 'vexatious' and 'oppressive' as grounds for objection to interrogatories

Ratio Decidendi

The applicants' interrogatories in question were relevant, appropriately framed, and not oppressive or vexatious within the meaning of Federal Court Rules Ord.16 r.9. Objections made on other grounds were not available, and the respondents were required to provide further and better answers accordingly.

Court Disposition

Notice of motion granted in favour of the applicants.

Orders

  • Within 21 days the second, third and fourth respondents file and serve further and better answers to interrogatories numbered 18 to 25 inclusive, and 27, as specified in the applicants' notice dated 4 February 1987.
  • The second, third and fourth respondents pay the applicants' taxed costs of this notice of motion.