Horsnell v Allworth Constructions [2016] NSWSC 1700

Horsnell v Allworth Constructions [2016] NSWSC 1700

The answers given by the second defendant to key interrogatories were insufficient as they did not take into account earlier statements and available information. The proper course was to order the second defendant to provide further answers, specifically amending the language of the interrogatories from 'stumble' to 'lose his footing', and verifying those answers by affidavit, rather than ordering an examination.

Jurisdiction
Australia
Judgment Date
01 December 2016
Procedural Posture
Civil Procedure—interlocutory Application / Motion for Sufficiency of Interrogatory Answers
Outcome
Application granted in part—leave to amend interrogatories, order for further answers and affidavit verification, costs in the cause.
Legal Topics
['practice and Procedure' 'discovery' 'interrogatories' 'personal Injury']
['civil Procedure'] ['practice and Procedure' 'discovery' 'interrogatories' 'personal Injury']

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Procedural Posture

Civil Procedure—interlocutory Application / Motion for Sufficiency of Interrogatory Answers

Legal Issues

  1. 1 ["Whether the second defendant's answers to interrogatories 11 and 15-18 were sufficient in light of available evidence and relevant legal principles." "Whether the plaintiff should be granted leave to amend interrogatories to use the words 'lose his footing' instead of 'stumble'." 'Whether the Court should order examination of deponent or require further answers to interrogatories.']

Ratio Decidendi

The answers given by the second defendant to key interrogatories were insufficient as they did not take into account earlier statements and available information. The proper course was to order the second defendant to provide further answers, specifically amending the language of the interrogatories from 'stumble' to 'lose his footing', and verifying those answers by affidavit, rather than ordering an examination.

Court Disposition

Application granted in part—leave to amend interrogatories, order for further answers and affidavit verification, costs in the cause.

Orders

  • ["Grant leave to the plaintiff to amend interrogatories 15, 16, 17, and 18 by substituting the word 'stumble' with 'lose his footing'." 'Direct the second defendant to make further answers to interrogatories 11, 15, 16, 17, and 18 (as amended) and verify them by affidavit, to be served by 16 December 2016.' "Order...