Wayne v The Owners Corporation SP64622 (No. 2) [2014] NSWDC 245

Wayne v The Owners Corporation SP64622 (No. 2) [2014] NSWDC 245

The plaintiff failed to establish that he was unable to frame his cause of action or that the interrogatories were necessary. The interrogatories sought were irrelevant, oppressive, and constituted a fishing expedition. Accordingly, the application was refused.

Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Interlocutory Application / Ruling on Plaintiff's Notice of Motion for Interrogatories; Directions on Summary Dismissal Application
Outcome
Plaintiff's notice of motion dismissed with costs; sixth defendant's summary dismissal application stood over; previous costs order varied.
Legal Topics
['defamation' 'interrogatories' 'civil Procedure']
['tort'] ['defamation' 'interrogatories' 'civil Procedure']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Application / Ruling on Plaintiff's Notice of Motion for Interrogatories; Directions on Summary Dismissal Application

Legal Issues

  1. 1 ['Whether plaintiff is entitled to interrogatories as sought in a defamation case' 'Whether the application is a fishing expedition, oppressive or futile']

Ratio Decidendi

The plaintiff failed to establish that he was unable to frame his cause of action or that the interrogatories were necessary. The interrogatories sought were irrelevant, oppressive, and constituted a fishing expedition. Accordingly, the application was refused.

Court Disposition

Plaintiff's notice of motion dismissed with costs; sixth defendant's summary dismissal application stood over; previous costs order varied.

Orders

  • ["Plaintiff's notice of motion filed on 20 November 2014 is dismissed." "Plaintiff is to pay the defendants' costs." "Stand over to Thursday 19 February 2015 at 2:00pm the sixth defendant's application for summary dismissal." "Vary order 10 of Gibson DCJ's orders of 30 October 2014 to read: 'The plaintiff is to pay...