Abduramanoski, E. & Anor v Aidan Nominees Pty Ltd as trustee for the Aiden City Centre Markets Unit Trust & Ors [1987] FCA 607

Abduramanoski, E. & Anor v Aidan Nominees Pty Ltd as trustee for the Aiden City Centre Markets Unit Trust & Ors [1987] FCA 607

Leave to interrogate is to be granted where the proposed interrogatories are necessary or useful to the fair and expeditious conduct of the proceedings. Draft interrogatories that concern matters within the interrogating party's own knowledge, or that seek information by way of implication or particulars, are generally not appropriate. The Court exercises a broad discretion but will only permit such interrogatories where justified by the pleadings and issues in the case.

Parties
Applicant: Estref Abduramanoski; Applicant: Zera Abduramanoski; First Respondent / Cross Claimant: Aidan Nominees Pty Ltd as Trustee for the Aidan City Centre Markets Unit Trust; Second Respondent / Second Cross Respondent: Bindook Pty Ltd; Third Party to Cross Claim: Patrick Edward Mullally; Third Party to Cross Claim: Judith Margaret Mullally
Jurisdiction
Australia
Judgment Date
02 November 1987
Procedural Posture
Interlocutory Application / Leave to Administer Interrogatories Prior to Trial
Outcome
Interlocutory orders granting and refusing leave to interrogate on various draft interrogatories; further directions made.
Legal Topics
Interrogatories, Leave to Interrogate, Practice and Procedure
Civil Procedure Interrogatories Leave to Interrogate Practice and Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Estref Abduramanoski

Applicant

Zera Abduramanoski

Applicant

Aidan Nominees Pty Ltd as Trustee for the Aidan City Centre Markets Unit Trust

First Respondent / Cross Claimant

Bindook Pty Ltd

Second Respondent / Second Cross Respondent

Patrick Edward Mullally

Third Party to Cross Claim

Judith Margaret Mullally

Third Party to Cross Claim

Procedural Posture

Interlocutory Application / Leave to Administer Interrogatories Prior to Trial

Legal Issues

  1. 1 Criteria for granting leave to administer interrogatories under Federal Court Rules 0.16 r.1
  2. 2 Whether proposed interrogatories are necessary and useful for fair and expeditious conduct of proceedings
  3. 3 Propriety of interrogatories relating to matters of implication and particulars

Ratio Decidendi

Leave to interrogate is to be granted where the proposed interrogatories are necessary or useful to the fair and expeditious conduct of the proceedings. Draft interrogatories that concern matters within the interrogating party's own knowledge, or that seek information by way of implication or particulars, are generally not appropriate. The Court exercises a broad discretion but will only permit such interrogatories where justified by the pleadings and issues in the case.

Court Disposition

Interlocutory orders granting and refusing leave to interrogate on various draft interrogatories; further directions made.

Orders

  • First respondent to provide further and better particulars and permit inspection of documents by 16 November 1987.
  • Applicants have leave to interrogate second respondent on draft interrogatories 5 to 12, 17, 18, 19, 21 and 23.