Read the full judgment text of CACV 000138/1993 on BabelCite. This Court of Appeal judgment was delivered on 21 September 1993 before Hon Yang, C.J.; Hon Penlington, J.A..
Civil procedure – interrogatories – appeal against order for interrogatories – grounds of appeal: discretion wrongly exercised; objection on grounds of oppression or irrelevance not raised at proper time; criticism of judge's conduct – Order 26 Rules 4(2), 5 and 8 of the Rules of the Supreme Court – appellants failed to show error in exercise of discretion – objections to ordered interrogatories must be raised before judge granting leave or under Order 26 Rule 8 – no evidence to support criticism of Mortimer J – appeal dismissed with costs – unless interrogatories answered by specified date, Defence and Counterclaim dismissed with costs.
Legal issues: Discretion in ordering interrogatories · Objection to interrogatories on grounds of oppression or irrelevance · Criticism of Mortimer J's conduct
Outcome: Appeal dismissed with costs. If appellants fail to answer specified interrogatories by 28 September 1993, Defence and Counterclaim to be dismissed with costs.