Federal Court of Australia
CATCHWORDS
PRACTICE AND PROCEDURE - Interrogatories - Directions as to administration of interrogatories not pre-determining that there is no objection to answers being required to particular interrogatories ~- Oppressiveness of interrogatories - Requirement of precision - Inappropriateness of interrogatories in ADJR application where s.13 statement can be obtained and further and better particulars secured under s.13(7) - Fishing interrogatories - Interrogatories as to names of individuals and contents of documents - Claim of privilege under Census_ and Statistics Act 1905. -
Administrative Decisions (Judicial Review) Act 1977, s.13
Federal Court Rules, Order 16 Rules 1 and 3 Census and Statistics Act 1905
Peek v. Ray £1894] 3 Ch. D. 282
Kupresak v. Clifton Bricks (Canberra) Pty. Ltd. (1984) 75 F.L.R. Lloyd v. Costigan (1983) 62 A.L.R. 284 Cumming v. Matheson (1970) 92 W.N.(NSW) 339
W.A. Pines Pty. Ltd. v. Bannerman (1980) 30 A.L.R. 559 Conde v. 2KY Broadcasters Pty. Ltd. £1982] 2 N.S.W.L.R. 221
Barbarian Motor Cycle Club Incorporated v. Koithan (1984) 35 S.A.S.R. 481
ATOCHEM S.A. -V- JOHN NORMAN BUTTON, MINISTER OF STATE FOR INDUSTRY & COMMER
NSW No. G.166 of 1984
Burchett J. 7 March 1986
Sydney
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISTON
No. 166 of 1984
www
BETWEEN : ATOCHEM S.A.
Applicant
JOHN NORMAN BUTTON, MINISTER OF STATE FOR INDUSTRY & COMMERCE
Respondent
MINUTE OF ORDERS
Judge Making Order: Burchett J. Date of Order: 7 March 1986 Where Made: Sydney
THE COURT ORDERS THAT:
(1)
(2)
(3)
The directions given on 22 March 1985 as varied on 14 June 1985 concerning the administration of interrogatories and furnishing of verified answers thereto be vacated.
Interrogatories numbered 2(iii)(b), 3, 4, 6, 7, 13, 14 and 15 are not required to be answered.
The applicant is directed to file and serve within 14 days a re-draft of its Notice to Answer Interrogatories if it desires to administer interrogatories having regard to the Court's rulings and in that event the time for answering the interrogatories in such re-drafted Notice shall be 28 days after service unless a further application be made in relation to these times or the form of the interrogatories in any such Notice. If Interrogatories 9 and 10 are included in any such Notice, they are required to be answered.
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