ICI Australia Operations Pty Ltd v Monsanto Australia Ltd

[1997] FCA 1511

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VG88 of 1997

BETWEEN:

ICI AUSTRALIA OPERATIONS PTY LTD
FIRST APPLICANT

CROP CARE AUSTRALASIA PTY LTD
SECOND APPLICANT

AND:

MONSANTO AUSTRALIA LIMITED
RESPONDENT

MONSANTO AUSTRALIA LIMITED
CROSS CLAIMANT

ICI AUSTRALIA OPERATIONS PTY LTD
CROSS‑RESPONDENT

JUDGE:	SUNDBERG J
DATE:	21 NOVEMBER 1997
PLACE:	MELBOURNE

EX‑TEMPORE REASONS FOR JUDGMENT

Were it not for attachment “A” to the draft interrogatories I would not have given leave in relation to interrogatories 1 to 9, 24 and 27.  But in view of the statement in that document ‑ “Manufacturer’s name and address, Monsanto Australia Ltd” ‑ I think it is appropriate to over‑rule the objection that has been taken to the administration of those interrogatories.  Ms Padbury has satisfied me that interrogatories 1 to 10, 15, 17 to 24 and 27 should be allowed, and that the particular objections taken to some of them should be rejected.

If, as Ms Ryan contended, the statement in Annexure “A” is incorrect, there may be simple negative answers to many of the interrogatories.

I will grant leave to the applicant to administer interrogatories in the form or to the effect of interrogatories 1 to 10, 15, 17 to 24 and 27.  I say “in the form or to the effect of” those interrogatories for two reasons.  One is that the refusal of leave in relation for example to interrogatories 11, 12, 13, 14, 16 might affect the sense of some of those that have been allowed.  The other is that objection has been taken to at least one of the interrogatories on the ground that it is unintelligible.

I certify that this and the preceding page is a true copy of the Ex‑tempore Reasons for Judgment herein of the Honourable Justice Sundberg

Associate:

Dated:            21 November 1997

Counsel for the Applicant:	M Padbury
Solicitors for the Applicant:	Blake Dawson Waldron
Counsel for the Respondent:	A M Ryan
Solicitors for the Respondent:	Arthur Robinson & Hedderwicks
Date of Hearing:	21 November 1997