Wilson v Tetley & Anor [2003] NSWSC 256

Procedural Posture

Summons Seeking Orders for Answers to Interrogatories, Mandatory Injunction, Oral Examination or Production of Documents or Things, and Damages / Application Before Gzell J

Legal Issues

1. 1 ['Whether the defendant should be ordered to answer on oath interrogatories identifying the sires whose semen was used to artificially inseminate two cows.' 'Whether a mandatory injunction should require the defendant to provide the information.' 'Whether the information sought was property capable of founding relief in detinue or analogous relief.' 'Whether failure to record or provide the information constituted misuse of confidential information.' 'Whether the defendant should be orally examined about the identity of the sires.' 'Whether the defendant should be ordered to produce any document or thing relating to the identity of the sires.']

Ratio Decidendi

The interrogatories were not necessary within Supreme Court Rules 1970, Pt 24 r 5(2) because they were directed to avoiding or reducing the need for damages litigation by giving value to the embryos, rather than obtaining admissions needed for the fair disposal of the damages claim. Mandatory injunctive relief was inappropriate because the embryos were not sufficiently unique and damages were an adequate remedy. The information sought was not property, there was no misuse of confidential information shown, no sufficient basis for oral examination had arisen, and there was no evidence that any relevant document or thing existed.

Court Disposition

Application dismissed

Orders

• ['Paragraphs 1, 2 and 3 of the summons dismissed.' 'Costs reserved.']