Austal Ships Pty Ltd (ACN 079 160 679) v Incat Australia Pty Ltd (ACN 051 556 855) (No 3) [2010] FCA 795

Austal Ships Pty Ltd (ACN 079 160 679) v Incat Australia Pty Ltd (ACN 051 556 855) (No 3) [2010] FCA 795

The applicant's proposed 459 interrogatories comprising approximately 1,149 separately numbered questions were far beyond the limited interrogatories earlier contemplated and were so burdensome that the whole set was at risk of dismissal. The applicant had established only one admitted breach and the balance of its case remained speculative despite pre-action discovery and cross-examination. The interrogatories were, in substantial respects, fishing, oppressive, too wide or otherwise objectionable. In light of the respondents' undertaking to answer 932 of the questions, the motion for interrogatories and ancillary relief was dismissed and the applicant was ordered to pay the respondents'...

Jurisdiction
Australia
Judgment Date
27 July 2010
Procedural Posture
Practice and Procedure; Application Concerning Interrogatories Under O 16 of the Federal Court Rules / Applicant's Motion for Interrogatories and Ancillary Relief Filed 5 May 2010
Outcome
Applicant's motion for interrogatories and ancillary relief dismissed upon the undertaking of senior counsel that the respondents will answer 932 of the interrogatories administered by the applicant.
Legal Topics
['interrogatories' 'discovery' 'fishing Interrogatories' 'oppressive or Burdensome Interrogatories' 'costs']
['practice and Procedure' 'civil Procedure'] ['interrogatories' 'discovery' 'fishing Interrogatories' 'oppressive or Burdensome Interrogatories' 'costs']

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Procedural Posture

Practice and Procedure; Application Concerning Interrogatories Under O 16 of the Federal Court Rules / Applicant's Motion for Interrogatories and Ancillary Relief Filed 5 May 2010

Legal Issues

  1. 1 ['Whether the applicant should have leave to file and serve notices requiring the fifth to ninth respondents to answer the proposed interrogatories.' "Whether the respondents' objections to the proposed interrogatories were sufficient on grounds including fishing, oppression, breadth, irrelevance and requests for legal opinion." 'Whether the proposed interrogatories were beyond the limited interrogatories contemplated in Austal Ships Pty Ltd (ACN 079 160 679) v Incat Australia Pty Ltd (ACN 051 556 855) [2009] FCA 368.' "Whether the applicant should pay the respondents' costs of the motion."]

Ratio Decidendi

The applicant's proposed 459 interrogatories comprising approximately 1,149 separately numbered questions were far beyond the limited interrogatories earlier contemplated and were so burdensome that the whole set was at risk of dismissal. The applicant had established only one admitted breach and the balance of its case remained speculative despite pre-action discovery and cross-examination. The interrogatories were, in substantial respects, fishing, oppressive, too wide or otherwise objectionable. In light of the respondents' undertaking to answer 932 of the questions, the motion for interrogatories and ancillary relief was dismissed and the applicant was ordered to pay the respondents'...

Court Disposition

Applicant's motion for interrogatories and ancillary relief dismissed upon the undertaking of senior counsel that the respondents will answer 932 of the interrogatories administered by the applicant.

Orders

  • ['Upon the undertaking of senior counsel that the respondents will answer 932 of the interrogatories administered by the applicant, the interrogatories be sworn, filed and served within 28 days.' "The applicant's motion for interrogatories and ancillary relief filed 5 May 2010 be dismissed." "Unless within 14 days...