CARATTI AND ANOTHER V. CABLE (1956) LIMITED

CARATTI AND ANOTHER V. CABLE (1956) LIMITED

Objections relating solely to relevance or potential oppression from the written answer are not grounds to doubt the Full Court's decision; the Supreme Court can prevent oppression in discontinuance.

Parties
Applicant: Caratti and Another; Respondent: Cable (1956) Limited
Jurisdiction
Australia
Judgment Date
11 September 1970
Procedural Posture
Application for Special Leave / Refusal of Special Leave
Outcome
application for special leave refused with costs
Legal Topics
Interrogatories, Discontinuance of Suits, Oppressive Use of Evidence
Civil Procedure Interrogatories Discontinuance of Suits Oppressive Use of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Caratti and Another

Applicant

Cable (1956) Limited

Respondent

Procedural Posture

Application for Special Leave / Refusal of Special Leave

Legal Issues

  1. 1 Whether special leave should be granted in a case concerning the relevance and possible oppression of requiring a written answer to an interrogatory that could satisfy the Statute of Frauds.

Ratio Decidendi

Objections relating solely to relevance or potential oppression from the written answer are not grounds to doubt the Full Court's decision; the Supreme Court can prevent oppression in discontinuance.

Court Disposition

application for special leave refused with costs

Orders

  • application for special leave refused with costs