Borden Australia Pty Ltd v Monsanto Australia Ltd [1983] FCA 425

Borden Australia Pty Ltd v Monsanto Australia Ltd [1983] FCA 425

Leave should be granted to the applicant to interrogate the respondent concerning the sales of phenol for export and cost information, as the applicant has advanced new arguments and there is no evidence of undue hardship or oppression to the respondent. The views expressed on relevance are prima facie and not final until trial.

Parties
Respondent: Borden Austpal; Applicant: applicant
Jurisdiction
Australia
Judgment Date
07 July 1983
Procedural Posture
Application / Interlocutory
Outcome
Leave granted to the applicant to interrogate and seek discovery as specified.

Case Brief

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Parties

Borden Austpal

Respondent

applicant

Applicant

Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 Whether the applicant should be granted leave to interrogate the respondent in respect of certain interrogatories and discovery, particularly regarding overseas sales and cost information.

Ratio Decidendi

Leave should be granted to the applicant to interrogate the respondent concerning the sales of phenol for export and cost information, as the applicant has advanced new arguments and there is no evidence of undue hardship or oppression to the respondent. The views expressed on relevance are prima facie and not final until trial.

Court Disposition

Leave granted to the applicant to interrogate and seek discovery as specified.

Orders

  • Applicant granted leave to deliver interrogatories number 12, 24, 32, and 42 as annexed to the Notice of Motion of 25 May 1983.
  • Order for inspection of documents relating to the sale of phenol for export by the respondent.