In the matter of Gerard Cassegrain & Co Pty Ltd - Cassegrain v Gerard Cassegrain & Co Pty Ltd [2011] NSWSC 241

In the matter of Gerard Cassegrain & Co Pty Ltd - Cassegrain v Gerard Cassegrain & Co Pty Ltd [2011] NSWSC 241

Interrogatories are reasonably necessary for the fair disposal of issues at trial, are not objectionable or fishing, and the fact that an admission in answer may relieve the plaintiff from adducing further evidence is not a basis for refusing leave; leave is granted for administration of interrogatories to the second, third, and fourth defendants.

Jurisdiction
Australia
Judgment Date
30 March 2011
Procedural Posture
Civil / Application for Leave to Administer Interrogatories
Outcome
Order granting leave for administration of interrogatories to second, third and fourth defendants.
Legal Topics
['interrogatories' 'derivative Proceedings' 'oppression Proceedings' 'breach of Fiduciary Duty']
['civil Procedure'] ['interrogatories' 'derivative Proceedings' 'oppression Proceedings' 'breach of Fiduciary Duty']

Case Brief

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Procedural Posture

Civil / Application for Leave to Administer Interrogatories

Legal Issues

  1. 1 ['Whether interrogatories should be permitted against second, third and fourth defendants; Whether interrogatories are necessary for disposition of proceedings or fair trial; Whether interrogatories are a fishing expedition or objectionable; Whether granting leave for interrogatories shields plaintiff from giving evidence']

Ratio Decidendi

Interrogatories are reasonably necessary for the fair disposal of issues at trial, are not objectionable or fishing, and the fact that an admission in answer may relieve the plaintiff from adducing further evidence is not a basis for refusing leave; leave is granted for administration of interrogatories to the second, third, and fourth defendants.

Court Disposition

Order granting leave for administration of interrogatories to second, third and fourth defendants.

Orders

  • ["Second defendant to answer interrogatories annexed and marked 'A' to the affidavit sworn 18 November 2010 of Andrew Joseph James Lacey, within 14 days, verified by affidavit." "Third defendant to answer interrogatories annexed and marked 'B' to the affidavit sworn 18 November 2010 of Andrew Joseph James Lacey,...