Lynch v Cash Converters Personal Finance Pty Ltd (No 4) [2018] FCA 988

Lynch v Cash Converters Personal Finance Pty Ltd (No 4) [2018] FCA 988

Leave to administer interrogatories was granted for specific questions that were relevant and not impermissible under the authorities, considering the centrality of new issues raised regarding brokerage fees and a balancing of burden versus benefit. Interrogatories seeking solely the contents of documents or requiring legal judgments were not allowed.

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Application for Leave to Administer Interrogatories / Interlocutory Pre Trial
Outcome
Application for leave to administer interrogatories granted in part
Legal Topics
['administration of Interrogatories' 'discovery' 'unconscionable Conduct' 'brokerage Fees' 'costs']
['commercial Law' 'consumer Protection' 'regulatory Law' 'practice and Procedure'] ['administration of Interrogatories' 'discovery' 'unconscionable Conduct' 'brokerage Fees' 'costs']

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Procedural Posture

Application for Leave to Administer Interrogatories / Interlocutory Pre Trial

Legal Issues

  1. 1 ['Whether leave should be granted to administer interrogatories regarding brokerage fees and their recipient in connection with certain credit contracts' 'Whether interrogatories sought are permissible under Federal Court Rules and relevant case law' 'Whether answering interrogatories would impose disproportionate burden on respondents']

Ratio Decidendi

Leave to administer interrogatories was granted for specific questions that were relevant and not impermissible under the authorities, considering the centrality of new issues raised regarding brokerage fees and a balancing of burden versus benefit. Interrogatories seeking solely the contents of documents or requiring legal judgments were not allowed.

Court Disposition

Application for leave to administer interrogatories granted in part

Orders

  • ['Respondents in NSD 900 of 2015 to provide written answers to interrogatories 1(f), (g), (i), (j), 2-4 and 9-12 in amended draft notice of interrogatories filed 25 June 2018' "Respondents in NSD 900 of 2015 to pay applicant's costs of the application" 'Respondents in NSD 601 of 2016 to provide written answers to...