LANGUAGE

Cremona v. Philip Morris & Ors

This was an application by the defendants for an order that the plaintiff serve further answers to their interrogatories. The plaintiff had brought a claim against the defendants alleging that she had contracted lung disease by smoking their cigarettes.

The defendants complained that the plaintiff's answers to the interrogatories were unwieldy, non-responsive and evasive. The answers ran into several hundred pages and the plaintiff had used a formulaic response to many questions.

The judge agreed with the defendant that the way in which the plaintiff had answered the interrogatories led to obfuscation and was an "insoluble impediment" to their use. He therefore ordered that the plaintiff serve further answers.

This decision is one of 5 procedural decisions in these proceedings. The plaintiff ultimately discontinued the case. See also: Cremona v. Philip Morris & Ors [1996] VicSC 241; Cremona v. Philip Morris & Ors [1996] VicSC 563; Cremona v. Philip Morris & Ors [1997] VicSC 123; and Cremona v. Philip Morris & Ors [1997] VicSC 552.