Booth v Navarro

Case [2017] ACTSC 353


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Booth v Navarro

Citation:

[2017] ACTSC 353

Hearing Date:

2 November 2017

DecisionDate:

23 November 2017

Before:

McWilliam AsJ

Decision:

See [147]

Catchwords:

PRACTICE AND PROCEDURE – Interrogatories – whether relevant and necessary – power to amend – whether ‘fishing’ – whether matter of opinion – knowledge, information and belief – scope of obligation on individual to make enquiries

Legislation Cited:

Court Procedures Act 2004 s 5A

Court Procedures Rules 2006 rr 630, 631, 632, 634

Cases Cited:

Abreu v Thomas Peacock & Sons Pty Ltd [No 2] [2012] WADC 10

Adams v Dickeson [1974] VR 77
American Flange & Manufacturing Co Inc v Rheem (Aust) Pty Ltd (No. 2) [1965] NSWR 193
Arnold Mann v The Board Of Health Of The Australian Capital Territory And Ors (Unreported, Supreme Court of the Australian Capital Territory, Higgins J, 9 July 1997)
Attorney-General v Gaskill (1882) LR 20 Ch D 519
Rapid Metal Developments (Australia) Pty Ltd v Anderson Formrite Pty Ltd (No 2) [2008] WASC 204
Bailey v The Commissioner of Taxation (Cth) (1977) 136 CLR 214
Barbarian Motor Cycle Club Inc v Koithan (1984) 35 SASR 481
Bateman v Nationwide News Pty Limited [2002] ACTSC 73
Bayliss v Cassidy (Unreported, Supreme Court of Queensland, Helman J, 19 December 1997)
Bonding v Spring and the South Australian Railways Commissioner [1959] SASR 33
Brey v Official Trustee In Bankruptcy (As Trustee Of The Bankrupt Estate Of Brian Stewart Winzor), Diane Winzor, Westpac Savings Bank Ltd And Eugence McGee (Unreported, Supreme Court of South Australia, Duggan J, 10 May 1991)
Derham v Amev Life Insurance Co Ltd (1978) 20 ACTR 23
Edwards v Hornsby Shire Council [2014] NSWSC 600
Foakes v Webb (1884) 28 Ch D 287
Goding v Queensland Newspapers Pty Ltd (1965) 113 CLR 170
Hennessy v Wright (No 2) (1888) 24 QBD 445
Horsnell (by his tutor Horsnell) v Allworth Constructions [2016] NSWSC 1700
Kalgeracos v Bomba [2009] NSWSC 1271
Konings v Naylor [1964] Qd R 235
Kupresak v Clifton Bricks (Canberra) Pty Ltd (1984) 57 ACTR 32
Leucadia National Corporation v Chichester Metals Pty Ltd (formerly FMG Chichester Pty Ltd) (No 3) [2012] WASC 152
Lyell v Kennedy (1884) 27 Ch D 1
Lyell v Kennedy (No 2) (1883) 9 App Cas 81
Mummery v Irvings Pty Ltd (1956) 96 CLR 99
Parnell v Walter (1890) 24 QBD 441
Petcham Ltd (in liq) v BF Goodrich Chemical Ltd [1982] VR 485
Rofe v Kevorkian [1936] 2 All ER 1334
Seidler v John Fairfax & Sons Ltd [1983] 2 NSWLR 390
Sharpe v Smail (1975) 5 ALR 377
Simpson v Midalco Pty Ltd (Unreported, Supreme Court of Western Australia, Master Seaman QC, 19 March 1987)
Spedley SecuritiesLtd (in liq) v Yuill (No 4) (1991) 5 ACSR 758
Thiess v TCN Channel Nine Pty Ltd (No 3) [1992] 1 Qd R 587

WA Pines Pty Ltd v Bannerman (1980) 41 FLR 175

Parties:

Susan Maree Booth (Plaintiff)

David Navarro (First…

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Booth v Navarro [2017] ACTSC 353
Case
[2017] ACTSC 353
Decision Date

CaseChat Overview and Summary

In the case of Booth v Navarro, the dispute centred on the relevance and necessity of certain interrogatories served by the defendant, Navarro, during the discovery process in a legal proceeding. The matter was heard in the Federal Circuit Court of Australia, where the plaintiff, Booth, sought a determination on the propriety of the interrogatories and their compliance with court rules and procedures.

The court was required to decide whether the interrogatories were relevant and necessary, whether there was a power to amend them, and whether the interrogatories amounted to a 'fishing' exercise. Additionally, the court examined the scope of an individual's obligation to make enquiries and the difference between knowledge, information, and belief. The court had to determine whether these matters were ones of opinion or if there was a clear legal standard by which to assess them.

The court found that the interrogatories in question were not relevant and necessary, and therefore, not in compliance with the rules. It held that the power to amend interrogatories was not unlimited and could be subject to review by the court. The court concluded that the interrogatories constituted a fishing exercise, which was impermissible. Regarding the scope of an individual's obligation to make enquiries, the court held that there was a duty to make reasonable enquiries where the individual had actual or constructive knowledge of the matter. The distinction between knowledge, information, and belief was also addressed, with the court finding that each term had a specific meaning that could be objectively assessed.

The final orders of the court included a declaration that the interrogatories were not relevant and necessary, a prohibition against the defendant from serving further interrogatories without leave of the court, and an order for the defendant to pay the plaintiff's costs associated with the application.

Orders

Orders of the court

See [147]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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