Whitcombe, C.J., & Anor v Bouldercombe Brickworks Pty Ltd & Anor [1988] FCA 345

Whitcombe, C.J., & Anor v Bouldercombe Brickworks Pty Ltd & Anor [1988] FCA 345

The applicants' answers to the interrogatories do not comply with the requirements of Order 16 rule 6 of the Federal Court Rules as they fail to specifically answer or properly object with factual reasons, and therefore new answers must be filed and served in accordance with the rules.

Parties
Applicant: Colin John Whitcombe; Applicant: Karen May Whitcombe; First Respondent: Bouldercombe Brickworks Pty Ltd; Second Respondent: Russell Wilson Anderson
Jurisdiction
Australia
Judgment Date
21 June 1988
Procedural Posture
Claim for Damages and Interest / Interlocutory Application Regarding Answers to Interrogatories
Outcome
Interlocutory orders made requiring applicants to file and serve further answers, prior orders set aside, costs ordered.
Legal Topics
Contract, Trade Practices Act 1974, Interrogatories, Court Procedure
Commercial Law Contract Trade Practices Act 1974 Interrogatories Court Procedure

Case Brief

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Parties

Colin John Whitcombe

Applicant

Karen May Whitcombe

Applicant

Bouldercombe Brickworks Pty Ltd

First Respondent

Russell Wilson Anderson

Second Respondent

Procedural Posture

Claim for Damages and Interest / Interlocutory Application Regarding Answers to Interrogatories

Legal Issues

  1. 1 Propriety of answers to interrogatories
  2. 2 Compliance with Order 16 rule 6 and rule 7 of the Federal Court Rules
  3. 3 Adequacy of pleading breach of s.52 Trade Practices Act 1974

Ratio Decidendi

The applicants' answers to the interrogatories do not comply with the requirements of Order 16 rule 6 of the Federal Court Rules as they fail to specifically answer or properly object with factual reasons, and therefore new answers must be filed and served in accordance with the rules.

Court Disposition

Interlocutory orders made requiring applicants to file and serve further answers, prior orders set aside, costs ordered.

Orders

  • Applicants to make further answers verified by affidavit in accordance with Order 16 rule 7, complying with rule 6 sub-rules (2) and (3).
  • Applicants to file and serve further answers by 19 July 1988.