In the Matter of Gerard Cassegrain & Co Pty Ltd - Cassegrain v Gerard Cassegrain & Co Pty Ltd

In the matter of Gerard Cassegrain & Co Pty Ltd, the plaintiff, Gerard Cassegrain, sought orders pursuant to Part 22.1 of the Uniform Civil Procedure Rules 2001 (NSW) for interrogatories to be served on the defendant, Gerard Cassegrain & Co Pty Ltd, and a third party. The plaintiff argued that the interrogatories were necessary to ascertain the defendant's position on particular issues and to establish a basis for his own case. The defendant opposed the application on several grounds, including that the interrogatories were not necessary, were objectionable, and constituted a fishing expedition.

The court considered whether the interrogatories were necessary and whether, if the purpose of the interrogatories was to shield the plaintiff or others from giving evidence, the court should exercise its discretion to refuse leave. The court also examined whether the interrogatories to the third defendant were objectionable or a fishing expedition. The court found that the interrogatories were necessary to ascertain the defendant's position and to establish a basis for the plaintiff's case. The court held that the fact that an admission in answer to the interrogatories may relieve the plaintiff from the need to adduce other evidence was not a basis for refusing to exercise the discretion to order interrogatories. The court also found that the interrogatories to the third defendant were not objectionable or a fishing expedition.

The court granted leave for the interrogatories to be served on the defendant and the third defendant. The court held that the interrogatories were necessary to ascertain the defendant's position and to establish a basis for the plaintiff's case. The court found that the interrogatories were not objectionable or a fishing expedition. The court exercised its discretion to order the interrogatories to be served on the defendant and the third defendant. The court did not make any orders as to costs.