Caboolture Park Shopping Centre Pty Ltd v White Industries (QLD) Pty Ltd [1988] FCA 223

Caboolture Park Shopping Centre Pty Ltd v White Industries (QLD) Pty Ltd [1988] FCA 223

Caboolture Park was required to provide further and better answers where its existing answers were non-responsive, non-distributive, incomplete, or failed to give the substance of conversations. The Court refused to compel further answers where answers were sufficient on their face, where qualified language was not evasive in context, or where objections to irrelevant or insufficiently related interrogatories were upheld.

Jurisdiction
Australia
Judgment Date
22 April 1988
Procedural Posture
Practice and Procedure Interrogatories / Motion on Notice for Further and Better Answers to Interrogatories
Outcome
Motion allowed in part; Caboolture Park ordered to provide further and better answers to specified interrogatories and to pay WIQ's costs of the motion.
Legal Topics
['interrogatories' 'further and Better Answers' 'relevance' 'vexatious or Fishing Interrogatories' 'legal Advice' 'substance of Conversations']
['practice and Procedure'] ['interrogatories' 'further and Better Answers' 'relevance' 'vexatious or Fishing Interrogatories' 'legal Advice' 'substance of Conversations']

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Procedural Posture

Practice and Procedure Interrogatories / Motion on Notice for Further and Better Answers to Interrogatories

Legal Issues

  1. 1 ['Whether Caboolture Park should provide further and better answers to specified interrogatories delivered for its examination on behalf of WIQ.' 'Whether answers using expressions such as "I cannot say with precision" or "I cannot say with certainty" were evasive.' 'Whether answers stating that conversations were of a "general nature" or involved "detailed discussions" gave the substance of the conversations.' 'Whether particular interrogatories were irrelevant, vexatious, fishing or sought details of legal advice.']

Ratio Decidendi

Caboolture Park was required to provide further and better answers where its existing answers were non-responsive, non-distributive, incomplete, or failed to give the substance of conversations. The Court refused to compel further answers where answers were sufficient on their face, where qualified language was not evasive in context, or where objections to irrelevant or insufficiently related interrogatories were upheld.

Court Disposition

Motion allowed in part; Caboolture Park ordered to provide further and better answers to specified interrogatories and to pay WIQ's costs of the motion.

Orders

  • ['Caboolture Park within 14 days file and serve further and better answers verified by affidavit to interrogatories numbered 1(d)(i), 2, 3, 7, 9 if necessary, 14, 15 and 16 of the interrogatories delivered for its examination on behalf of WIQ on 16 December 1987.' "Caboolture Park pay WIQ's costs of the motion on...