Darren O'Brien v Robert Francis Little and ors; Stephen James Walsh v Robert Francis Little and ors [2007] NSWSC 282

Darren O'Brien v Robert Francis Little and ors; Stephen James Walsh v Robert Francis Little and ors [2007] NSWSC 282

Leave to interrogate was granted for some interrogatories, specifically 3 and parts of 10, as they may be probative of foreseeability and relevant issues; others were disallowed for being oppressive, imprecise, irrelevant, or seeking information not objectively relevant.

Parties
Plaintiff: Darren Andrew O'Brien; Plaintiff: Stephen James Walsh; Defendants: Robert Francis Little and ors
Jurisdiction
Australia
Judgment Date
30 March 2007
Procedural Posture
Personal Injury Damages Application / Interlocutory Application for Leave to Serve Further Amended Interrogatories
Outcome
Application for leave to serve Further Amended Interrogatories partially granted; costs awarded against Plaintiffs.
Legal Topics
Interrogatories, Personal Injury, Costs
Civil Procedure Interrogatories Personal Injury Costs

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Parties

Darren Andrew O'Brien

Plaintiff

Stephen James Walsh

Plaintiff

Robert Francis Little and ors

Defendants

Procedural Posture

Personal Injury Damages Application / Interlocutory Application for Leave to Serve Further Amended Interrogatories

Legal Issues

  1. 1 Whether the Plaintiffs should be granted leave to serve Further Amended Interrogatories on the Bega Valley Shire Council
  2. 2 Whether certain interrogatories are objectionable or oppressive under Uniform Civil Procedure Rules Part 22

Ratio Decidendi

Leave to interrogate was granted for some interrogatories, specifically 3 and parts of 10, as they may be probative of foreseeability and relevant issues; others were disallowed for being oppressive, imprecise, irrelevant, or seeking information not objectively relevant.

Court Disposition

Application for leave to serve Further Amended Interrogatories partially granted; costs awarded against Plaintiffs.

Orders

  • Bega Valley Shire Council within 21 days to provide verified answers to Amended Interrogatories 3 and 10 to extent indicated in judgment.
  • Plaintiff to pay 80% of Council's costs of proceedings culminating in judgment delivered on 14 February 2007.