Auburn Council v Austin Australia [2007] NSWSC 85

New South Wales Supreme Court

CITATION : Auburn Council v Austin Australia [2007] NSWSC 85

HEARING DATE(S) : 15 December 2006

JUDGMENT DATE : 15 December 2006

JUDGMENT OF : McDougall J at [1]

EX TEMPORE JUDGMENT DATE : 15 December 2006

DECISION : See para [38] of judgment

CATCHWORDS : PRACTICE AND PROCEDURE - interrogatories - where order made by consent that defendant answer specified interrogatories - where defendant thereafter objects to answer on ground that certain interrogatories vexatious - whether that objection remains open once order to answer has been made - Uniform Civil Procedure Rules 2005 NSW, rules 22.1-.3

LEGISLATION CITED : Supreme Court Rules Uniform Civil Procedure Rules

CASES CITED : Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; ex parte Lai Qin (1997) 186 CLR 622

PARTIES : Auburn Council (Plaintiff) Austin Australia Pty Ltd (Defendant)

FILE NUMBER(S) : SC 50138/06

COUNSEL : I D Faulkner SC/M Condon (Plaintiff) A A Henskens (Defendant)

SOLICITORS : Matthews Folbigg Pty Ltd (Plaintiff) Colin Biggers & Paisley (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

McDOUGALL J

15 December 2006 Ex tempore (revised 6 February 2007)

50138/06 AUBURN COUNCIL v AUSTIN AUSTRALIA PTY LTD JUDGMENT 1 HIS HONOUR: By notice of motion filed in Court on 24 November 2006 the plaintiff sought, amongst other relief, an order "that [it] be granted leave to administer interrogatories pursuant to the notice to answer interrogatories which is attached to this notice of motion and marked "A"." 2 The notice of motion was to be heard on 8 December 2006. Shortly before then the parties engaged in negotiations with a view to proposing consent orders. Ultimately I made orders in Chambers by consent in the following terms: