An application for the administration of interrogatories was dismissed because of the tight timetable in the substantive proceedings and the nature of the questions posed in the proposed interrogatories made such an application unreasonable and oppressive.

On 17 March 2023, in proceedings for enforcement of orders of the Senior Commissioner, following an application by the applicant, the Full Bench made orders requiring the respondent to give discovery on affidavit of various categories of documents and for substituted service of a summons. However, an order for the administration of interrogatories was refused. The following is a summary of the reasons for such refusal.

Background

On 15 February 2023, the Full Bench ordered the respondent to give discovery on affidavit of various categories of documents by 27 February 2023. The subsequent discovery that the respondent filed on 27 February 2023 was manifestly inadequate and failed to comply with the 15 February 2023 order. In direct contravention, and a contemptuous failure to comply with the order of the Full Bench, the respondent simply refused to provide the documents required.

Contentions

The applicant’s interlocutory application posed 40 questions that it sought the respondent to answer. The applicant submitted that the proposed interrogatories sought to be answered were for the purpose of identifying potential contraventions of the orders made by the Senior Commissioner the subject of these proceedings and disclosing factual material relevant to those alleged contraventions. The proposed interrogatories included questions regarding communications to members, public statements and decisions made by the respondent. The applicant further submitted that answers to the questions posed would aid in the Full Bench having before it in the substantive proceedings all the relevant material, to enable it to determine the respondent’s conduct and the seriousness of any contraventions.

The respondent opposed the application for interrogatories, on grounds that granting the application would be oppressive and likely to lead to a significant delay in the respondent’s preparation for the substantive proceedings. The respondent also submitted that many of the questions were vague and objectionable.

Findings

The Full Bench dismissed the application because, given the tight timetable agreed to by the parties and the nature of the questions posed in the proposed interrogatories, an order to require the respondent to answer the questions in the available time would be unreasonable and oppressive.

Further supporting the application’s dismissal was the existing direction requiring the parties to put on written evidence‑in‑chief approximately one week from the date of this decision’s delivery.

The decision can be read here.