Federal Court of Australia
JUDGMENT No. 466.7, 88...
NOT FOR DISTRIBUTION
CATCHWORODS
PRACTICE AND PROCEDURE ~ interrogatories -— leave to interrogate — general principles - matters not in issue - matters within
knowledge of interrogator - request for particulars.
Federal Court Rules
Trade Practices Act ss.52 and 82
Aste v Stumore (1883) 13 QBD 326
Abduramanoski v Aidan Nominees Pty Ltd (unrep. 2.11.87)
Conde v 2KY Broadcasters Pty Ltd (1982) 2 NSWLR 221
KINTYRE HOLDINGS PTY LTD V BARWOOD PARKER PTY LTD and MICHAEL PARKER
No. WAG 121 of 1987
FRENCH J. PERTH 12 AUGUST 1988
IN THE FEDERAL COURT
NOT FOR DISTRIBUTION
OF AUSTRALIA
DISTRICT REGISTRY
WESTERN AUSTRALIA ) ) )
GENERAL DIVISION
No. WAG 121 of 1987
BETWEEN KINTYRE HOLDINGS PTY LTD
Applicant
and
BARWOOD PARKER PTY LTD First Respondent
and MICHAEL PARKER
Second Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 12 August 1988
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1.
Leave to the respondents to interrogate in terms of interrogatories 1.1 as amended, 1.2 to 1.7 inclusive, 3.1, 3.2, 6.1, 6.2 and 6.3.
A new notice of these interrogatories to be filed and delivered on or before 19 August 1988.
The applicant is to file and deliver answers on or before 2 September 1988.
Costs today in the cause.
The directions hearing will be adjourned to 9 am on 14
September 1988.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
—
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
ee eww
No. WAG 121 of 1987
BETWEEN: KINTYRE HOLDINGS PTY LTD Applicant
and
BARWOOD PARKER PTY LTD First Respondent
and
MICHAEL PARKER Second Respondent
CORAM: FRENCH J.
12 August 1988
EX TEMPORE REASONS FOR JUDGMENT
ON LEAVE TO RESPONDENTS TO INTERROGATE
The applicant in this case is a land developer and the first respondent a civil and structural engineer. The second respondent is a director of the first respondent. According to the statement of claim, the applicant engaged the first respondent in or about February 1985 to design certain works, including a water supply system and dam, for a proposed subdivision at Quininup in Western Australia. The first respondent was also to prepare an estimate of the cost of the scheme. Various implied terms of the engagement are pleaded, including the use of reasonable care and skill in the design and cost estimation of the
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