Horsnell v Allworth Constructions [2016] NSWSC 1700

Supreme Court New South Wales

Medium Neutral Citation: Horsnell v Allworth Constructions [2016] NSWSC 1700 Hearing dates: 1 December 2016 Decision date: 01 December 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Grant leave to the plaintiff to amend interrogatories 15, 16, 17 and 18 in the Notice to Answer Interrogatories ordered on 22 June 2016 by substituting for the word "stumble" the words "lose his footing". (2) Direct the second defendant to make further answers to interrogatories 11 and 15, 16, 17 and 18 in the Notice to Answer Interrogatories ordered on 22 June 2016, as amended by (1) above, and to verify the further answers by affidavit, to be served on the plaintiff on or before 16 December 2016. (3) Order that the costs of the plaintiff's notice of motion filed on 12 August 2016 be costs in the cause. (4) Grant liberty to the parties to restore the matter before me on three days' notice to my Associate if any further question arises concerning the sufficiency of answers to the Notice to Answer Interrogatories ordered on 22 June 2016, as amended. Catchwords: PRACTICE AND PROCEDURE – claim for damages arising out of bodily injury where plaintiff's injuries deprive him of capacity to prove how the accident happened – notice of motion seeking order for examination of deponent on grounds that answers to interrogatories insufficient – insufficiency demonstrated by reference to other statements of deponent – obligation on deponent answering interrogatories on behalf of corporate party to make enquiries and to answer to best of information, knowledge and belief – interests of justice favour order that second defendant provide further answers to interrogatories where original answers insufficient rather than make order for examination – direction that second defendant provide further answers to interrogatories Legislation Cited: Civil Liability Act 2002 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), rr 22.1, 22.3, 22.4(1)(a), 22.4(1)(b), 22.6(1) Cases Cited: Horsnell by his tutor Horsnell v Allworth Constructions Pty Ltd [2016] NSWSC 844 Lyell v Kennedy (No 3) (1884) 27 Ch. D 1 Texts Cited: Simpson, Bailey & Evans, Discovery and Interrogatories (1990, 2nd ed) Category: Procedural and other rulings Parties: Kenneth David Horsnell by his Tutor David James Horsnell (Plaintiff) Allworth Constructions Pty Limited (1st Defendant) Teswor Pty Ltd (2nd Defendant) Representation: Counsel: C. Barry QC/J. Davidson (Plaintiff) R. Perla (2nd Defendant)