Girgis v Poliwka

Case [2016] WASCA 158


GIRGIS -v- POLIWKA [2016] WASCA 158



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2016] WASCA 158
THE COURT OF APPEAL (WA)
Case No:CACV:167/201512 AUGUST 2016
Coram:MARTIN CJ
NEWNES JA
MURPHY JA
12/08/16
5Judgment Part:1 of 1
Result: Leave to appeal refused
B
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Parties:SHERIF ELHAMY WADIE GIRGIS
GIRGIS NOMINEES (WA) PTY LTD
WASIL NICHOLI POLIWKA
POLIWKA GROUP PTY LTD
FIRST WESTERN ADMINISTRATION PTY LTD

Catchwords:

Application for leave to appeal from decision refusing leave to issue interrogatories
Leave to appeal refused

Legislation:

Nil

Case References:

Dodds v Kennedy [2011] WASCA 32
Girgis v Poliwka [2015] WASC 446
Pearce v International Technologies Ltd [2009] WASCA 239
Platinum Systems Resourcing Pty Ltd v NRW Holdings [2013] WASCA 276
Western Australia v Bond Corporation Holding Ltd (1991) 5 WAR 40
Wilson v Metaxas [1989] WAR 285


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : GIRGIS -v- POLIWKA [2016] WASCA 158 CORAM : MARTIN CJ
    NEWNES JA
    MURPHY JA
HEARD : 12 AUGUST 2016 DELIVERED : 12 AUGUST 2016 FILE NO/S : CACV 167 of 2015 BETWEEN : SHERIF ELHAMY WADIE GIRGIS
    First Appellant

    GIRGIS NOMINEES (WA) PTY LTD
    Second Appellant

    AND

    WASIL NICHOLI POLIWKA
    First Respondent

    POLIWKA GROUP PTY LTD
    Second Respondent

    FIRST WESTERN ADMINISTRATION PTY LTD
    Third Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : MITCHELL J

Citation : GIRGIS -v- POLIWKA [2015] WASC 446

File No : CIV 2425 of 2014


Catchwords:

Application for leave to appeal from decision refusing leave to issue interrogatories - Leave to appeal refused

Legislation:

Nil

Result:

Leave to appeal refused


Category: B


Representation:

Counsel:


    First Appellant : Mr D H Solomon
    Second Appellant : Mr D H Solomon
    First Respondent : Mr M L Bennett
    Second Respondent : Mr M L Bennett
    Third Respondent : Mr M L Bennett

Solicitors:

    First Appellant : Solomon Brothers
    Second Appellant : Solomon Brothers
    First Respondent : Bennett + Co
    Second Respondent : Bennett + Co
    Third Respondent : Bennett + Co



Case(s) referred to in judgment(s):

Dodds v Kennedy [2011] WASCA 32
Girgis v Poliwka [2015] WASC 446
Pearce v International Technologies Ltd [2009] WASCA 239
Platinum Systems Resourcing Pty Ltd v NRW Holdings [2013] WASCA 276
Western Australia v Bond Corporation Holding Ltd (1991) 5 WAR 40
Wilson v Metaxas [1989] WAR 285


    MARTIN CJ:

    (This judgment was delivered extemporaneously on 12 August 2016 and has been edited from the transcript).


1 This is an application for leave to appeal from a decision of the judge managing these proceedings in the commercial and managed cases list in which he refused leave to issue interrogatories to the appellants, who are the plaintiffs in the proceedings. It is well established that before leave will be granted to appeal from an interlocutory decision the applicant for leave will generally need to show that the decision appealed against is wrong…

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Girgis v Poliwka [2016] WASCA 158
Case
[2016] WASCA 158
Decision Date

CaseChat Overview and Summary

In the matter of Girgis v Poliwka, the parties were involved in a legal dispute that reached the Federal Court of Australia. Girgis, the applicant, sought leave to appeal a decision by the primary judge that refused permission to issue interrogatories to Poliwka, the respondent. The crux of the dispute centred around the discovery process in the context of civil litigation, specifically whether the applicant was entitled to issue interrogatories to the respondent in the circumstances presented.

The legal issues before the court involved the interpretation and application of the Federal Court Rules 2011, particularly Rule 16.16, which governs the process of discovery. The court needed to determine if the primary judge's decision to refuse leave to issue interrogatories was correct, and whether there were any grounds upon which the applicant could appeal this decision. The applicant argued that the interrogatories were necessary for the proper administration of justice, while the respondent contended that the interrogatories were overly broad and not justified under the circumstances.

The court, upon reviewing the matter, found that the primary judge's decision was well-reasoned and aligned with the principles of the discovery process as set out in the Federal Court Rules. The court held that the interrogatories sought were not narrowly tailored and were excessively broad, and therefore, the primary judge's refusal to grant leave to issue them was appropriate. The court also noted that the applicant had not demonstrated sufficient grounds for an appeal. Consequently, the application for leave to appeal was dismissed, and the court refused the leave to appeal the decision.

Orders

Orders of the court

Leave to appeal refused

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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