Unmack Services Pty Ltd v J.W. Bolton Pty Ltd [1988] FCA 465

Unmack Services Pty Ltd v J.W. Bolton Pty Ltd [1988] FCA 465

Leave to administer only certain interrogatories is granted having regard to their relevance, necessity, and utility for the proceedings; requests for particulars or matters within the respondent's knowledge are not appropriate for interrogatories unless special circumstances justify.

Parties
Applicant: Unmack Services Pty Ltd; Respondent: J.W. Bolton Pty Ltd
Jurisdiction
Australia
Judgment Date
09 August 1988
Procedural Posture
Directions Hearing / Leave to Administer Interrogatories
Outcome
Respondent granted leave to administer specified interrogatories.
Legal Topics
Interrogatories, Directions Hearings, Practice and Procedure
Civil Procedure Interrogatories Directions Hearings Practice and Procedure

Case Brief

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Parties

Unmack Services Pty Ltd

Applicant

J.W. Bolton Pty Ltd

Respondent

Procedural Posture

Directions Hearing / Leave to Administer Interrogatories

Legal Issues

  1. 1 Whether leave should be granted to the respondent to administer interrogatories to the applicant

Ratio Decidendi

Leave to administer only certain interrogatories is granted having regard to their relevance, necessity, and utility for the proceedings; requests for particulars or matters within the respondent's knowledge are not appropriate for interrogatories unless special circumstances justify.

Court Disposition

Respondent granted leave to administer specified interrogatories.

Orders

  • Leave to the respondent to administer interrogatories 4, 5, 9(b), 9(c)(i), 10, 11(a), 11(b)(i), 16(a) and 17(a) in the draft notice.
  • The filing and service of the respondent's draft notice to answer interrogatories stand as filing and service of the respondent's interrogatories.