NSW Caselaw
New South Wales Supreme Court
CITATION : Kalgeracos v Bomba [2009] NSWSC 1271
HEARING DATE(S) : 23 October 2009 JURISDICTION : 2551/07
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 23 October 2009
DECISION : Leave to administer interrogatories refused.
CATCHWORDS : PROCEDURE – Interrogatories – permissible purposes to elicit facts not evidence – not cross-examination – whether vexatious and oppressive.
American Flange and Manufacturing Company Inc v Rheem (Australia) Pty Ltd No 2 [1965] NSWR 193 Coal Cliff Collieries Pty Ltd v CE Heath Insurance Broking (Aust) Pty Ltd (1986) 5 NSWLR 703 Dunbar v Perc [1956] VLR 583 LEGISLATION CITED : Johns v James (1879) 13 Ch D 370 Kennedy v Dodson [1895] 1 Ch 334 Lyell v Kennedy (1883) 8 App Cas 217 Spedley Securities Ltd (in liq) v Yuill (No4) (1991) 5 ACSR 758 Tiver v Tiver [1969] SASR 40
CATEGORY : Procedural and other rulings
PARTIES : Alexander Kalgeracos (plaintiff) Irene Bomba (defendant)
FILE NUMBER(S) : SC 2551/07
COUNSEL : Ms K Balendra (plaintiff) Mr M Meyer (sol) (defendant)
SOLICITORS : Webb Lawyers (plaintiff) Meyer Pigdon (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EXPEDITION LIST
BRERETON J
Friday 23 October 2009
2551/07 Alexander Kalgeracos v Irene Bomba JUDGMENT (ex tempore) 1 HIS HONOUR: The fundamental purpose of interrogatories, which are a form of discovery, is to obtain admissions or particulars about material facts in the proceedings. They are not to elicit evidence, nor to serve as a means of cross-examination [Dunbar v Perc [1956] VLR 583, 591; Lyell v Kennedy (1883) 8 App Cas 217, 234, Spedley Securities Ltd (in liq) v Yuill (No4) (1991) 5 ACSR 758, 762; Johns v James (1879) 13 Ch D 370; Tiver v Tiver [1969] SASR 40; Kennedy v Dodson [1895] 1 Ch 334, 341; Coal Cliff Collieries Pty Ltd v CE Heath Insurance Broking (Aust) Pty Ltd (1986) 5 NSWLR 703]. 2 In the celebrated case of American Flange and Manufacturing Company Inc v Rheem (Australia) Pty Ltd No 2 [1965] NSWR 193, Myers J described the interrogatories – which had been crafted by Mr Arthur Rath QC as that learned judge then was, and Mr J S Lockhart of junior counsel as that distinguished judge then was, as follows: The interrogatories are extremely numerous. They number only 27 but each interrogatory has been divided into parts, one into no less than 48 parts, and those parts have themselves again been subdivided into further parts, and on some occasions there is even a fourth subdivision. In reality instead of there being 27 interrogatories, there are actually something in the order of 300 interrogatories and they occupy 37 foolscap pages of type.
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