Sheahan v Slattery (No 2) [2006] NSWSC 711

Sheahan v Slattery (No 2) [2006] NSWSC 711

Because the plaintiff's case was to be documentary and the case management orders meant there was no guarantee that the defendant would file affidavits and thereby be available for cross-examination, it was appropriate to order interrogatories confined to the origins of specified documents.

Jurisdiction
Australia
Judgment Date
13 July 2006
Procedural Posture
Procedure Discovery and Interrogatories / Application for Leave to Interrogate the Defendant
Outcome
Defendant ordered to answer interrogatories confined to the origin of documents.
Legal Topics
['discovery and Interrogatories' 'interrogatories as to Origin of Documents' 'case Management Directions']
['civil Procedure'] ['discovery and Interrogatories' 'interrogatories as to Origin of Documents' 'case Management Directions']

Case Brief

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Procedural Posture

Procedure Discovery and Interrogatories / Application for Leave to Interrogate the Defendant

Legal Issues

  1. 1 ['Whether the defendant should be ordered to answer interrogatories concerning the origin of documents.' "Whether such interrogatories were necessary where the plaintiff's case was documentary and there was no guarantee that the defendant would file affidavits and be available for cross-examination."]

Ratio Decidendi

Because the plaintiff's case was to be documentary and the case management orders meant there was no guarantee that the defendant would file affidavits and thereby be available for cross-examination, it was appropriate to order interrogatories confined to the origins of specified documents.

Court Disposition

Defendant ordered to answer interrogatories confined to the origin of documents.

Orders

  • ["The plaintiff is directed to serve the interrogatories in the form of the draft interrogatories attached to the letter from the plaintiff's solicitors to the defendant's solicitors of 5 July 2006 by no later than 4.00 pm on Friday 14 July 2006." 'The defendant is given leave to move in the ECM Court to have struck...