Kintyre Holdings Pty Ltd v Barwood Parker Pty Ltd & Anor [1988] FCA 466

Kintyre Holdings Pty Ltd v Barwood Parker Pty Ltd & Anor [1988] FCA 466

Leave to administer specified interrogatories was granted where the interrogatories went to matters in issue—such as the applicant's enquiries to authorities, completion of the scheme, and identification of a relevant report—but declined where the information sought was irrelevant, already within the respondents' knowledge, or constituted a mere request for particulars rather than an interrogatory properly so called.

Parties
Applicant: Kintyre Holdings Pty Ltd; First Respondent: Barwood Parker Pty Ltd; Second Respondent: Michael Parker
Jurisdiction
Australia
Judgment Date
12 August 1988
Procedural Posture
Civil / Interlocutory Application for Leave to Administer Interrogatories
Outcome
Leave partly granted, partly refused.
Legal Topics
Interrogatories, Trade Practices, Negligence, Damages
Practice and Procedure Interrogatories Trade Practices Negligence Damages

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Parties

Kintyre Holdings Pty Ltd

Applicant

Barwood Parker Pty Ltd

First Respondent

Michael Parker

Second Respondent

Procedural Posture

Civil / Interlocutory Application for Leave to Administer Interrogatories

Legal Issues

  1. 1 Whether leave should be granted to the respondents to administer interrogatories to the applicant.
  2. 2 Relevance and utility of the proposed interrogatories to the issues as pleaded.

Ratio Decidendi

Leave to administer specified interrogatories was granted where the interrogatories went to matters in issue—such as the applicant's enquiries to authorities, completion of the scheme, and identification of a relevant report—but declined where the information sought was irrelevant, already within the respondents' knowledge, or constituted a mere request for particulars rather than an interrogatory properly so called.

Court Disposition

Leave partly granted, partly refused.

Orders

  • Leave to the respondents to interrogate in terms of interrogatories 1.1 as amended, 1.2 to 1.7 inclusive, 3.1, 3.2, 6.1, 6.2, and 6.3.
  • A new notice of these interrogatories to be filed and delivered on or before 19 August 1988.