5.1: Purpose of this Part (Disclosure of Information)
5.2: When something is relevant and material
5.25: Appropriate questions and objections

Case Summary

The Applicant, Geophysical Service Incorporated (“GSI”) appealed a Master’s Decision in which the Master held that one of the Defendants was not required to answer undertakings sought by GSI. Nixon J. stated that Rule 5.1 sets out what the purpose of disclosure of information is under the Rules of Court. Justice Nixon stated that, when considering what information is to be produced, the starting point is the pleadings in the action. The pleadings define what is relevant and material. Nixon J. distinguished between primary relevance, secondary relevance and tertiary relevance, stating that information that has primary or secondary relevance may be produced, but information that that has tertiary relevance is not required to be produced. Nixon J. considered Rule 5.2, and noted that it governs when something is relevant and material; specifically, Rule 5.2(1)(a) frames what is of primary relevance and Rule 5.2(1)(b) frames what is of secondary relevance. Justice Nixon referred to Rule 5.25(1)(a) which provides that during Questioning, a party is only required to answer questions that are relevant and material.

His Lordship reviewed the Master’s Decision within the framework of Rules 5.1 and 5.2, and determined that the Defendant was not required to answer the undertakings sought by GSI. The Appeal was dismissed.

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