Zhang v Popovic (No 2) [2016] NSWSC 32

Zhang v Popovic (No 2) [2016] NSWSC 32

Special reasons for interrogatories were made out due to evidentiary gap regarding trailer modifications, lack of knowledge by plaintiff, and necessity for fair trial; the interrogatories were not oppressive or unreasonable and appropriate to be administered against the seventh defendant.

Parties
Plaintiff: Cheng Nian Zhang; First Defendant: Vlado Popovic; Second Defendant: Calabro Real Estate Pty Limited; Third Defendant: Interfreight (Aust) Pty Ltd; Fourth Defendant: Popovic Haulage Pty Ltd; Sixth Defendant: National Transport Insurance by its Manager NTI Ltd; Seventh Defendant: ROC Services (NSW) Pty Ltd
Jurisdiction
Australia
Judgment Date
04 February 2016
Procedural Posture
Civil / Interlocutory Application for Leave to Administer Interrogatories
Outcome
Leave granted to plaintiff to administer interrogatories to seventh defendant; seventh defendant must answer with verification within 14 days; seventh defendant to pay plaintiff's costs
Legal Topics
Interrogatories, Special Reasons, Necessity, Oppression of Interrogatories
Civil Procedure Interrogatories Special Reasons Necessity Oppression of Interrogatories

Case Brief

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Parties

Cheng Nian Zhang

Plaintiff

Vlado Popovic

First Defendant

Calabro Real Estate Pty Limited

Second Defendant

Interfreight (Aust) Pty Ltd

Third Defendant

Popovic Haulage Pty Ltd

Fourth Defendant

National Transport Insurance by its Manager NTI Ltd

Sixth Defendant

ROC Services (NSW) Pty Ltd

Seventh Defendant

Procedural Posture

Civil / Interlocutory Application for Leave to Administer Interrogatories

Legal Issues

  1. 1 Whether leave should be granted to administer interrogatories to the seventh defendant
  2. 2 Whether special reasons and necessity exist to justify interrogatories in claim for bodily injury
  3. 3 Whether the interrogatories are oppressive, unnecessary or constitute fishing

Ratio Decidendi

Special reasons for interrogatories were made out due to evidentiary gap regarding trailer modifications, lack of knowledge by plaintiff, and necessity for fair trial; the interrogatories were not oppressive or unreasonable and appropriate to be administered against the seventh defendant.

Court Disposition

Leave granted to plaintiff to administer interrogatories to seventh defendant; seventh defendant must answer with verification within 14 days; seventh defendant to pay plaintiff's costs

Orders

  • Leave is granted to the plaintiff to administer the interrogatories annexed to the judgment and marked 'A' to the seventh defendant.
  • The seventh defendant is to answer these interrogatories with verification within 14 days.