Trade Practices Commission v. T.N.T. Management Pty Ltd & Ors [1981] FCA 179

Trade Practices Commission v. T.N.T. Management Pty Ltd & Ors [1981] FCA 179

The summons was dismissed because the challenged interrogatories were, in the circumstances, improper or unreasonable attempts to require the Commission to swear to matters outside its own knowledge or to reveal details of evidence, and the answers given were sufficient in those circumstances. Miss Hannon was a proper officer, agent or servant for the purpose of swearing the Commission's answers and the affidavit was not defective. The Court had a discretion to refuse further answers notwithstanding that objections had not earlier been taken. Interrogatories numbered 131 and following were delivered without leave and the Court refused to make any order requiring them to be answered. There...

Jurisdiction
Australia
Judgment Date
23 October 1981
Procedural Posture
Interlocutory Summons in Federal Court Trade Practices Proceeding / Application by the Second Defendant for Further and Proper Answers to Interrogatories, Answers to Further Interrogatories, Leave to Deliver Further Interrogatories, and Vacation of the Hearing Date
Outcome
The second defendant's summons was dismissed and costs were reserved.
Legal Topics
['interrogatories' 'further and Better Answers' 'discovery' 'leave to Deliver Further Interrogatories' 'vacation of Hearing Date' 'trade Practices Act Pecuniary Penalties and Injunctions']
['civil Procedure' 'trade Practices'] ['interrogatories' 'further and Better Answers' 'discovery' 'leave to Deliver Further Interrogatories' 'vacation of Hearing Date' 'trade Practices Act Pecuniary Penalties and Injunctions']

Case Brief

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Procedural Posture

Interlocutory Summons in Federal Court Trade Practices Proceeding / Application by the Second Defendant for Further and Proper Answers to Interrogatories, Answers to Further Interrogatories, Leave to Deliver Further Interrogatories, and Vacation of the Hearing Date

Legal Issues

  1. 1 ['Whether the Trade Practices Commission should be ordered to provide further and proper answers to interrogatories numbered 1-130 delivered by Brambles Holdings Limited.' 'Whether the affidavit in answer to interrogatories sworn by Wynne Patricia Hannon was defective because she was not a proper officer, agent or servant of the Commission or because of the form of her inquiries.' 'Whether the Commission should be required to answer interrogatories numbered 131 and following, or whether leave should be given to deliver further interrogatories.' 'Whether the hearing date should be vacated.']

Ratio Decidendi

The summons was dismissed because the challenged interrogatories were, in the circumstances, improper or unreasonable attempts to require the Commission to swear to matters outside its own knowledge or to reveal details of evidence, and the answers given were sufficient in those circumstances. Miss Hannon was a proper officer, agent or servant for the purpose of swearing the Commission's answers and the affidavit was not defective. The Court had a discretion to refuse further answers notwithstanding that objections had not earlier been taken. Interrogatories numbered 131 and following were delivered without leave and the Court refused to make any order requiring them to be answered. There...

Court Disposition

The second defendant's summons was dismissed and costs were reserved.

Orders

  • ['The summons is dismissed.' 'The question of costs is reserved.']