Dalton v Volkswagen AG (No 1) [2018] FCA 123

Dalton v Volkswagen AG (No 1) [2018] FCA 123

The Court ordered respondents to provide verified answers to interrogatories identifying individuals responsible for development, modification, installation, and approval of software in EA189 diesel engines—including US events and personnel—and to financial interrogatories, by 7 March 2018, considering the relevance, prior investigations, and lack of sufficient prejudice to trial preparation. Interrogatories seeking broad, technical, evaluative narrative answers or irrelevant information were refused.

Jurisdiction
Australia
Judgment Date
20 February 2018
Procedural Posture
Interlocutory Application / Ruling on Interrogatories Prior to Stage 1 Trial
Outcome
Interlocutory applications granted in part; respondents ordered to answer selected interrogatories by deadline
Legal Topics
['interrogatories' 'discovery' 'class Actions' 'consumer Protection' 'regulator Actions']
['practice and Procedure'] ['interrogatories' 'discovery' 'class Actions' 'consumer Protection' 'regulator Actions']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Application / Ruling on Interrogatories Prior to Stage 1 Trial

Legal Issues

  1. 1 ['Whether respondents should be ordered to provide verified answers to interrogatories prior to Stage 1 trial' 'Relevance and scope of interrogatories, including US-related events' 'Appropriateness of financial interrogatories']

Ratio Decidendi

The Court ordered respondents to provide verified answers to interrogatories identifying individuals responsible for development, modification, installation, and approval of software in EA189 diesel engines—including US events and personnel—and to financial interrogatories, by 7 March 2018, considering the relevance, prior investigations, and lack of sufficient prejudice to trial preparation. Interrogatories seeking broad, technical, evaluative narrative answers or irrelevant information were refused.

Court Disposition

Interlocutory applications granted in part; respondents ordered to answer selected interrogatories by deadline

Orders

  • ['Applicants to lodge draft orders by 21 February 2018' 'Orders to be made in chambers' 'Respondents to provide verified answers to interrogatories 1, 2, and 9 in each proceeding by 7 March 2018' 'Interrogatories 5.4, 5.5, and 14.3 not allowed' 'Costs reserved as outlined']