Court Procedures Rules 2006

This rule applies if a party mentioned in rule 633 does not have knowledge of the fact or matter raised by an interrogatory and must answer the interrogatory from any belief the party has about the fact or matter.

The party is taken not to have a belief about the fact or matter if the party—

does not have information relating to the fact or matter on which to form a belief; or

has the information, but the party has reasonable grounds for not believing that the information is true.

The party must answer from any belief the party has about the fact or matter irrespective of the source of the information on which the belief is formed.

However, the party is not required to answer from the party’s belief about the fact or matter if the belief is formed on information that was given to the party in a communication or document that is privileged under the Evidence Act, part 3.10 (Privileges).

To help the party form a belief about the fact or matter, the party must make all reasonable inquiries to find out—

whether a person who is or has been the party’s employee or agent has knowledge of the fact or matter that was acquired by the person as the party’s employee or agent; and

if a person has the knowledge—what the knowledge is.

To remove any doubt, the party must make the inquiries mentioned in subrule (5) even if at the time the party is required to answer the interrogatory a person having the relevant knowledge has stopped being the party’s employee or agent.