Kintyre Holdings Pty Ltd v Barwood Parker Pty Ltd & Anor [1988] FCA 362

Kintyre Holdings Pty Ltd v Barwood Parker Pty Ltd & Anor [1988] FCA 362

Leave to interrogate was granted only for proposed interrogatories that were relevant to issues and likely to assist the fair and expeditious disposition of the proceeding; interrogatories seeking particulars, requiring inquiries of the Water Authority of Western Australia, or not directed to issues properly raised in the defence were refused.

Jurisdiction
Australia
Judgment Date
09 June 1988
Procedural Posture
Civil Proceeding / Application for Leave to Interrogate
Outcome
Applicant granted leave to interrogate in part; respondents' leave to interrogate declined.
Legal Topics
['interrogatories' 'leave to Interrogate' 'particulars' 'case Management']
['civil Procedure'] ['interrogatories' 'leave to Interrogate' 'particulars' 'case Management']

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Procedural Posture

Civil Proceeding / Application for Leave to Interrogate

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to administer its proposed interrogatories.' 'Whether the respondents should be granted leave to administer their proposed interrogatories.' 'Whether particular proposed interrogatories would advance the fair and expeditious disposition of the proceedings or instead sought particulars or matters outside the pleaded issues.']

Ratio Decidendi

Leave to interrogate was granted only for proposed interrogatories that were relevant to issues and likely to assist the fair and expeditious disposition of the proceeding; interrogatories seeking particulars, requiring inquiries of the Water Authority of Western Australia, or not directed to issues properly raised in the defence were refused.

Court Disposition

Applicant granted leave to interrogate in part; respondents' leave to interrogate declined.

Orders

  • ['Leave granted to the applicant to interrogate in terms of interrogatories 1, 3, 4(a), 4(b)(i), 4(b)(ii), 4(b)(iii), 5, 10 subject to deletion of the reference to an affirmative answer to interrogatory 9, 11 and 12.' 'Leave refused to the applicant in respect of interrogatories 2, 4(b)(iv), 6 to 9, 13, 14, 15 and...