Nadjamerrek & Ors v Minister for Housing, Local Government and Community Development & Anor [2026] NTSC 71 — Stay Of Proceedings & Discovery — Barrister AI
Nadjamerrek & Ors v Minister for Housing, Local Government and Community Development & Anor
› Whether necessary for resolution of real issues in dispute
Civil Procedure
› Interrogatories
› Objections to
› Basis for
Quick Take
1Where plaintiffs who are group members in a representative proceeding in another court pursue overlapping claims based on the same legal assertions and factual matrix in separate proceedings, a temporary stay may be ordered to prevent the waste of judicial resources and the risk of inconsistent findings, even where the forms of relief differ between the two proceedings.
2In judicial review proceedings challenging a ministerial determination on the ground of legal unreasonableness, particular discovery is properly limited to documents that were before the decision-maker for the purpose of making the impugned decision, rather than all documents relating to the subject matter more broadly.
3Leave to administer interrogatories in modern litigation is 'rare' and 'unusual'; the party seeking leave must demonstrate that the interrogatory is necessary for fair disposition, relevant to an issue raised by the originating process, and that its benefits outweigh the burden on the answering party.
