In the Matter of Olsen Infrastructure Pty Limited [2012] NSWSC 1202

In the Matter of Olsen Infrastructure Pty Limited [2012] NSWSC 1202

The presence of partial admissions by the defendant and exclusive access to relevant information, combined with the need for such information to allow the plaintiff to value the company and frame a case, make interrogatories reasonably necessary for a fair trial, justifying an order for interrogatories at this stage.

Jurisdiction
Australia
Judgment Date
06 August 2012
Procedural Posture
Interlocutory Application / Order for Interrogatories Prior to Defence
Outcome
Order that the defendant answer the interrogatories; further procedural directions given.
Legal Topics
['interrogatories' 'disclosure' 'timing of Interrogatories' 'corporations']
['practice & Procedure'] ['interrogatories' 'disclosure' 'timing of Interrogatories' 'corporations']

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Procedural Posture

Interlocutory Application / Order for Interrogatories Prior to Defence

Legal Issues

  1. 1 ['Whether the defendant should be ordered to answer interrogatories before filing a defence' 'Whether it is necessary to order interrogatories at this stage under UCPR r 22.1']

Ratio Decidendi

The presence of partial admissions by the defendant and exclusive access to relevant information, combined with the need for such information to allow the plaintiff to value the company and frame a case, make interrogatories reasonably necessary for a fair trial, justifying an order for interrogatories at this stage.

Court Disposition

Order that the defendant answer the interrogatories; further procedural directions given.

Orders

  • ['Order in terms of short minutes of order with undertaking as to damages.' 'First defendant to file and serve defence and/or cross-claim by 27 August 2012.' 'Plaintiff to file and serve any defence to cross-claim by 10 September 2012.' "Defendant to answer interrogatories contained in the Annexure to plaintiff's...