PALMER v. GUTHRIE

14 VLR 113·HIGINBOTHAM, C.J., HOLROYD and WEBB, JJ.
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14 VLR 113
14 VLR 113
PALMER v. GUTHRIE Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., HOLROYD and WEBB, JJ. March 28, 29 March 1888 Discovery and interrogatories — Illegality raised by pleadings — Refusal of discovery and interrogatories — Motion ex parte to Full Court for discovery and interrogatories .

Where a plaintiff, suing on a contract alleged by the defendant to be an illegal contract, and denying that it is illegal, applies to a Judge in Chambers for an order for discovery and leave to administer interrogatories, the judge has no power to refuse the application merely because he has come to the conclusion that the contract sued on is an illegal contract.

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