Bryson v Casey [2002] NSWSC 693

Bryson v Casey [2002] NSWSC 693

Although the defendants were substantially successful on the application for further and better answers to interrogatories, the costs of that application should be reserved because the interrogatories were extensive and costly to answer, and their utility could only be assessed at the conclusion of the proceedings.

Jurisdiction
Australia
Judgment Date
14 August 2002
Procedural Posture
Defamation / Judgment on Costs Following Defendants' Application for Further and Better Answers to Interrogatories
Outcome
Plaintiff ordered to provide verified answers to specified interrogatories; costs of the defendants' application reserved; matter listed for directions; liberty to apply granted.
Legal Topics
['interrogatories' 'further and Better Answers' 'costs Reserved' 'directions']

Case Brief

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Procedural Posture

Defamation / Judgment on Costs Following Defendants' Application for Further and Better Answers to Interrogatories

  1. 1 ['Whether the defendants should receive the costs of their application that the plaintiff provide further and better answers to interrogatories.' 'Whether the costs of the interrogatories application should instead be reserved until the utility of the interrogatories can be assessed at the conclusion of the trial.' 'Whether the plaintiff should be ordered to provide verified answers to the interrogatories identified in paragraph 93 of the judgment of 19 July 2002 by 16 September 2002.']

Ratio Decidendi

Although the defendants were substantially successful on the application for further and better answers to interrogatories, the costs of that application should be reserved because the interrogatories were extensive and costly to answer, and their utility could only be assessed at the conclusion of the proceedings.

Court Disposition

Plaintiff ordered to provide verified answers to specified interrogatories; costs of the defendants' application reserved; matter listed for directions; liberty to apply granted.

Orders

  • ['The plaintiff is to provide verified answers to the interrogatories identified in paragraph 93 of the judgment of 19 July 2002 (NSWSC 636) on or before 16 September 2002.' "The costs of the defendants' application that the plaintiff provide further and better answers to interrogatories be reserved." "The matter is...