Absolute Analogue Inc v Sundance Resources Ltd

Absolute Analogue Inc commenced proceedings against Sundance Resources Ltd in the Supreme Court of Western Australia. The dispute centres around the adequacy of the discovery of documents by Sundance. Absolute Analogue applied for further discovery, contending that Sundance had failed to provide relevant documents. Additionally, Absolute Analogue sought an order for Sundance to produce uncovered copies of discovered documents for inspection, alleging that certain parts of these documents were relevant to the issues in the case.

The court was required to determine whether the obligation of the party providing discovery extends to making enquiries and efforts to identify and disclose relevant documents not in its possession. It also had to assess whether the oath of the party providing discovery, stating that certain covered parts of the documents are irrelevant, is conclusive, and whether the court should inspect the documents in question.

In dismissing the applications, the court found that the obligation of the party providing discovery does not extend to making enquiries and efforts to identify and disclose relevant documents not in its possession. The court also held that the oath of the party providing discovery is conclusive unless there is evidence to the contrary. Given that Absolute Analogue did not provide such evidence, the court deemed the oath conclusive. Furthermore, the court concluded that it was not necessary to inspect the documents to determine their relevance. Therefore, the applications for further discovery and for inspection of the uncovered parts of discovered documents were dismissed.

The court's final orders were that the applications made by Absolute Analogue Inc were dismissed.