Caboolture Park Shopping Centre Pty Ltd v White Industries (QLD) Pty Ltd [1988] FCA 223

LOM ant

JUDGMENT No. 2224733 —

CATCHWORDS

PRACTICE AND PROCEDURE - Interrogatories - Provision of further and better answers -— whether use of phrase "I cannot say with precision" is evasive - whether interrogatories irrelevant, vexatious and fishing or seek details of legal

advice - effect of requirement to give "the substance of a

conversation". 0.16 £.8 Federal Court Rules

CABOOLTURE PARK SHOPPING CENTRE PTY. LTD. v WHITE INDUSTRIES

No G198 of 1986

Ryan J. 22 April 1988 Brisbane

IN THE FEDERAL COURT OF AUSTRALIA)

QUEENSLAND DISTRICT REGISTRY No. G198 of 1986

) GENERAL DIVISION )

BETWEEN: CABOOLTURE PARK

SHOPPING CENTRE PTY. LTD.

(Applicant)

WHITE INDUSTRIES (QLD) PTY. LIMITED

(Respondent)

WHITE INDUSTRIES (QLD) PTY. LIMITED

i

(Cross-Claimant)

lg

CABOOLTURE PARK SHOPPING CENTRE PTY. LTD.

(Cross—Respondent )

Coram: Ryan J

Date: 22 April 1988

Place: Brisbane

EX TEMPORE REASONS FOR JUDGMENT

By motion on notice dated 18 April 1988, the respondent, White Industries (Qld) Pty. Limited. ("WIQ"), has sought an order that the applicant, Caboolture Park Shopping Centre Pty. Ltd. ("Caboolture Park"), provide further and better answers to certain interrogatories delivered for its examination on behalf of WIQ. The first answer to which exception is taken is that to Interrogatory 1(d)(i) which

asked, on the assumption of an affirmative answer to an

oy

earlier enquiry whether Hersfield Developments Corporation Pty. Ltd. ("HDC") was the agent of Caboolture Park, "what was the scope of its agency?" Caboolture Park has answered:-

"(d) (4) The scope of the agency of Hersfield

Developments Corporation Pty. Ltd. was that Hersfield Developments Corporation Pty. Ltd. undertook and continues to undertake on behalf of the Applicant, tasks concerning the development, construction and management of the Caboolture Park Shopping Centre."