Bli Bli #1 Pty Ltd v Kimlin Investments Pty Ltd as Trustee for the Kimlin Family Trust

In the matter of Bli Bli #1 Pty Ltd v Kimlin Investments Pty Ltd as Trustee for the Kimlin Family Trust, the court was asked to consider whether it should exercise its auxiliary equitable jurisdiction to grant leave to serve interrogatories on a non-party. This case arose out of a dispute between the plaintiff, Bli Bli #1 Pty Ltd, and the defendant, Kimlin Investments Pty Ltd, regarding a property transaction. The plaintiff sought to serve interrogatories on a third party, who was not a party to the proceeding and had not been served with the application.

The primary legal issue before the court was whether it should grant leave to serve interrogatories on the non-party. The plaintiff argued that the non-party held information relevant to the case and that it was necessary to serve interrogatories on them to obtain this information. The defendant, on the other hand, argued that the non-party should not be subjected to the burden of responding to interrogatories without being a party to the proceeding.

The court found that it would not exercise its auxiliary equitable jurisdiction to grant leave to serve interrogatories on the non-party. The court held that the non-party was not a necessary or proper party to the proceeding and that the plaintiff's failure to join the non-party as a party was not a mere procedural irregularity. The court further held that the non-party had not shown any special circumstances that would warrant the exercise of the court's discretion to grant leave to serve interrogatories. The application was dismissed, and the plaintiff was ordered to pay the defendant's costs.