Thompson, Peter Anthony & Anor v Ice Creameries of Australia Pty Ltd & Anor [1996] FCA 516

Thompson, Peter Anthony & Anor v Ice Creameries of Australia Pty Ltd & Anor [1996] FCA 516

Leave was granted only for draft interrogatories that were material, sufficiently precise, not adequately covered by existing affidavit evidence, and not oppressive; leave was refused where interrogatories traversed affidavit evidence, were more appropriate for cross-examination, were irrelevant or only marginally relevant, were too wide or oppressive, or amounted to a fishing expedition. An interrogatory was not refused merely because it resembled a request for further and better particulars or sought evidence.

Jurisdiction
Australia
Judgment Date
17 June 1996
Procedural Posture
Application for Leave to Administer Interrogatories Under O 16 R 1 of the Federal Court Rules / Interlocutory Application
Outcome
Leave granted to administer interrogatories 1A, 4(b) and 4A; leave in principle granted to administer interrogatory 2 subject to argument about its precise form; leave refused for the other draft interrogatories; no order as to costs.
Legal Topics
['interrogatories' 'leave to Administer Interrogatories' 'further and Better Particulars' 'affidavit Evidence' 'oppressive Interrogatories']
['civil Procedure'] ['interrogatories' 'leave to Administer Interrogatories' 'further and Better Particulars' 'affidavit Evidence' 'oppressive Interrogatories']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Administer Interrogatories Under O 16 R 1 of the Federal Court Rules / Interlocutory Application

Legal Issues

  1. 1 ['Whether leave should be granted to the applicants to administer draft interrogatories.' 'Whether particular draft interrogatories were objectionable because the matters were already dealt with in affidavit evidence.' 'Whether particular draft interrogatories were objectionable because they were in the nature of requests for further and better particulars, sought evidence, were irrelevant, oppressive, vexatious, or amounted to a fishing expedition.']

Ratio Decidendi

Leave was granted only for draft interrogatories that were material, sufficiently precise, not adequately covered by existing affidavit evidence, and not oppressive; leave was refused where interrogatories traversed affidavit evidence, were more appropriate for cross-examination, were irrelevant or only marginally relevant, were too wide or oppressive, or amounted to a fishing expedition. An interrogatory was not refused merely because it resembled a request for further and better particulars or sought evidence.

Court Disposition

Leave granted to administer interrogatories 1A, 4(b) and 4A; leave in principle granted to administer interrogatory 2 subject to argument about its precise form; leave refused for the other draft interrogatories; no order as to costs.

Orders

  • ['Leave to administer interrogatories 1A, 4(b) and 4A.' 'In principle, leave to administer interrogatory 2, subject to further argument about its precise form.' 'Leave refused to administer the other interrogatories contained in the draft.' 'No order as to costs.']