Respite care injury claim: Interrogatories

Moggridge v The Benevolent Society [2016] NSWSC 850 is an interlocutory decision regarding ‘special reasons’ for administration of interrogatories in the context of a claim against a respite care provider. The accident is said to have occurred when the plaintiff was transferred from the wheelchair to the recliner in which he slept or the other way around.

On what may constitute special reasons the court at [11] focused on two aspects:

Because these are cases involving damages for personal injury, the Court, as earlier stated, is required, if it were otherwise minded to grant interrogatories, to satisfy itself that there are special reasons for so doing. This depends upon an analysis of that which is known to the plaintiff in this case and that which is peculiarly or appropriately in the knowledge of the defendant. It seems, however, given the injunction in s 56 of the Civil Procedure Act, that the other aspect of necessity and special reasons may be satisfied by an obvious facilitation or expedition of the proceedings that are otherwise before the Court.

The individual interrogatories were then considered.


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