Borden Australia Pty Ltd v Monsanto Australia Ltd [1983] FCA 428

Borden Australia Pty Ltd v Monsanto Australia Ltd [1983] FCA 428

The interrogatories to which objection was taken were disallowed because they were either not relevant to issues between the parties, were oppressive or vexatious to answer, or required the respondent to determine questions of law or mixed fact and law rather than facts within its knowledge.

Parties
Applicant: Borden Australia Pty. Limited; Respondent: Monsanto Australia Limited
Jurisdiction
Australia
Judgment Date
15 April 1983
Procedural Posture
Application / Interlocutory Application for Orders for Answers to Interrogatories
Outcome
Application dismissed as to the disputed interrogatories; costs order made in favour of respondent
Legal Topics
Interrogatories, Price Discrimination, Trade Practices Act 1974, Oppression of Discovery, Relevance of Evidence
Competition Law Interrogatories Price Discrimination Trade Practices Act 1974 Oppression of Discovery Relevance of Evidence

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Parties

Borden Australia Pty. Limited

Applicant

Monsanto Australia Limited

Respondent

Procedural Posture

Application / Interlocutory Application for Orders for Answers to Interrogatories

Legal Issues

  1. 1 Whether the interrogatories to which objection was taken relate to matters in issue between the parties
  2. 2 Whether answering the interrogatories would be oppressive or vexatious
  3. 3 Scope and relevance of interrogatories in competition law proceedings

Ratio Decidendi

The interrogatories to which objection was taken were disallowed because they were either not relevant to issues between the parties, were oppressive or vexatious to answer, or required the respondent to determine questions of law or mixed fact and law rather than facts within its knowledge.

Court Disposition

Application dismissed as to the disputed interrogatories; costs order made in favour of respondent

Orders

  • All interrogatories to which objection was taken are disallowed.
  • Applicant to pay the respondent's costs of the Notice of Motion of 8 April 1983 insofar as it relates to the orders sought in paragraph 1.