Whim Creek Consoldiation NL v Quarry Plant Design & Manufacture Pty Ltd & Ors [1987] FCA 535

Whim Creek Consoldiation NL v Quarry Plant Design & Manufacture Pty Ltd & Ors [1987] FCA 535

Leave to administer interrogatories that are requests for particulars should not be granted except in special circumstances, which are not present. Only interrogatory 6 addresses a matter of fact in issue and is permitted.

Jurisdiction
Australia
Judgment Date
04 September 1987
Procedural Posture
Motion / Interlocutory
Outcome
Motion granted in part, otherwise dismissed
Legal Topics
['interrogatories' 'request for Particulars' 'leave Requirement']
['trade Practices'] ['interrogatories' 'request for Particulars' 'leave Requirement']

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Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 ['Whether leave should be granted to deliver interrogatories that are, in substance, requests for particulars' 'Whether special circumstances exist to justify interrogatories seeking particulars']

Ratio Decidendi

Leave to administer interrogatories that are requests for particulars should not be granted except in special circumstances, which are not present. Only interrogatory 6 addresses a matter of fact in issue and is permitted.

Court Disposition

Motion granted in part, otherwise dismissed

Orders

  • ['Leave granted to second and third respondents to administer interrogatory 6' 'Applicant to file and deliver answer to interrogatory 6 on or before 25 September 1987' 'Second and third respondents to bear their own costs of the motion']