Schutt v Queenan

Schutt v Queenan concerned an appeal to the Court of Appeal of New South Wales following a decision in the District Court. The dispute arose from a motor vehicle accident, where the plaintiff, Schutt, sought to deliver interrogatories to the defendant driver, Queenan. A key factual element was the plaintiff's inability to produce any eyewitness to the accident.

The central legal issue before the Court of Appeal was whether the interrogatories sought by the plaintiff were "necessary" within the meaning of rule 5 of Part 22A of the District Court Rules. This rule governs the circumstances under which interrogatories may be administered in District Court proceedings.

The Court of Appeal considered the purpose of interrogatories, which is to obtain admissions or information to assist in the conduct of the litigation. It held that the "necessity" required by the rule did not mean that the interrogatories were the only way to obtain the information, but rather that they were reasonably required for the proper disposal of the cause. The Court found that, given the absence of eyewitnesses, the interrogatories were reasonably necessary to ascertain the defendant's account of the accident and to avoid surprise at trial. The appeal was allowed, and the plaintiff was permitted to administer the interrogatories.