Cavric v Coopers Lybrand (ACT) Ltd & Anor [2002] NSWSC 538

Cavric v Coopers Lybrand (ACT) Ltd & Anor [2002] NSWSC 538

The plaintiff did not demonstrate special reasons for discovery as required under the rules for personal injury claims, nor necessity for interrogatories to dispose fairly of the matter. Accordingly, the applications for further discovery and interrogatories were refused.

Jurisdiction
Australia
Judgment Date
19 June 2002
Procedural Posture
Personal Injury / Review of Registrar's Decision on Discovery and Interrogatories
Outcome
Review dismissed; orders of Assistant Registrar Howe affirmed; costs to defendants.
Legal Topics
['discovery' 'interrogatories' "review of Registrar's Decisions" 'workplace Psychiatric Injury']
['civil Procedure' 'personal Injury' 'employment Law'] ['discovery' 'interrogatories' "review of Registrar's Decisions" 'workplace Psychiatric Injury']

Case Brief

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Procedural Posture

Personal Injury / Review of Registrar's Decision on Discovery and Interrogatories

Legal Issues

  1. 1 ["Whether the plaintiff has demonstrated 'special reasons' for an order for discovery under Part 23 r 5 of the Supreme Court Rules in a personal injury claim" 'Whether it is necessary to administer interrogatories under Part 24 r 5 of the Supreme Court Rules']

Ratio Decidendi

The plaintiff did not demonstrate special reasons for discovery as required under the rules for personal injury claims, nor necessity for interrogatories to dispose fairly of the matter. Accordingly, the applications for further discovery and interrogatories were refused.

Court Disposition

Review dismissed; orders of Assistant Registrar Howe affirmed; costs to defendants.

Orders

  • ['The decision of Assistant Registrar Howe dated 29 April 2002 in relation to discovery and interrogatories is affirmed.' 'The notice of motion dated 1 May 2002 is dismissed.' "The plaintiff is to pay the defendants' costs as agreed or assessed."]