Lee v Carlton Crest Hotel (Sydney) Pty Ltd [2012] NSWSC 1392

Lee v Carlton Crest Hotel (Sydney) Pty Ltd [2012] NSWSC 1392

Interrogatories are allowed to the extent that they are confined to objective procedural steps or inspections related to the car park, as these matters are peculiarly within the knowledge of the Council and are necessary for the fair conduct of the proceedings. Interrogatories as to the mental processes of the Council or matters outside the relevant time or subject are not allowed. The passage of time does not by itself make compliance oppressive or vexatious.

Jurisdiction
Australia
Judgment Date
21 November 2012
Procedural Posture
Interlocutory Application / Review of Registrar's Decision on Interrogatories
Outcome
Order of the Registrar varied; interrogatories limited as set out; no order as to costs.
Legal Topics
['interrogatories' 'personal Injury' 'procedural Fairness' 'damages for Personal Injury and Death']
['civil Procedure'] ['interrogatories' 'personal Injury' 'procedural Fairness' 'damages for Personal Injury and Death']

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Procedural Posture

Interlocutory Application / Review of Registrar's Decision on Interrogatories

Legal Issues

  1. 1 ["Whether 'special reasons' exist justifying the order for interrogatories in a personal injury claim" "Whether the interrogatories are 'necessary' within the meaning of Uniform Civil Procedure Rules" 'Whether interrogatories sought are justified by the pleadings in the Statement of Claim']

Ratio Decidendi

Interrogatories are allowed to the extent that they are confined to objective procedural steps or inspections related to the car park, as these matters are peculiarly within the knowledge of the Council and are necessary for the fair conduct of the proceedings. Interrogatories as to the mental processes of the Council or matters outside the relevant time or subject are not allowed. The passage of time does not by itself make compliance oppressive or vexatious.

Court Disposition

Order of the Registrar varied; interrogatories limited as set out; no order as to costs.

Orders

  • ['Interrogatories 2 and 4 allowed limited to procedural steps in the approval process;' 'Interrogatories 9 to 18 allowed limited to inspection of the car park;' 'Interrogatories 19, 20, 21(a) and (b) disallowed;' 'Interrogatory 21(c), (d) and (e) allowed limited to the year 2006;' 'No order as to costs.']