SUPREME COURT OF QUEENSLAND
CITATION:
Adani Mining Pty Ltd and Anor v Pennings [2021] QSC 343
PARTIES:
ADANI MINING PTY LTD ACN 145 555 205
(First Plaintiff)
AND
CARMICHAEL RAIL NETWORK PTY LTD AS TRUSTEE FOR THE CARMICHAEL RAIL NETWORK TRUST ACN 601 738 685
(Second Plaintiff)v
BENJAMIN WILLIAM DEVENISH PENNINGS
(Defendant)
FILE NO/S:
BS 9186 of 2020
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court of Queensland at Brisbane
DELIVERED ON:
16 December 2021
DELIVERED AT:
Brisbane
HEARING DATE:
27 August 2021
JUDGE:
Callaghan J
ORDER:
1. The plaintiffs’ first application is allowed.
2. The plaintiffs’ second application is allowed.
3. The plaintiffs’ third application is allowed in part.
4. The defendant’s application is dismissed.
5. That the parties prepare minutes of orders to reflect the reasons and submissions as to costs by 4 February 2022. If the parties fail to agree on the minutes, the matter will be relisted at a date to be fixed after the parties notify my Associate that agreement cannot be reached.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PLEADINGS – PARTICULARS – APPLICATION FOR ORDER FOR PARTICULARS – PRINCPLES APPLICABLE TO DEFERRAL OF PARTICULARS PENDING DISCLOUSRE – where the plaintiff seeks orders that confidential particulars be provided by example – where the plaintiff seeks that there be a confidentiality regime with respect to the confidential particulars – where the plaintiff seeks that there be a deferral of the provision of any further particulars pending disclosure by the defendant – where the defendant seeks further and better particulars – principles applicable to deferral of particulars pending disclosure
COUNSEL:
G Gibson QC with D Pyle and L Sheptooha for the Plaintiffs D O’Gorman SC with M Walker for the Defendant
SOLICITORS:
Dowd & Company for the Plaintiff
Marque Lawyers Pty Ltd for the Defendant
These applications are the latest skirmishes within wider litigation between the plaintiffs and the defendant. The background to and nature of the cause have been rehearsed in other judgments. It makes sense for current purposes to adopt the summary prepared by Brown J in Adani Mining Pty Ltd & Anor v Pennings.[1] That decision provides the background to some of the issues that must now be decided, and explains how they arise out of a conflict between the plaintiffs and a group of environmental activists known as the “Galilee Blockade.”
[1][2021] QSC 162 at [1]-[22].
Those issues are raised in four applications before the Court – three are made by the plaintiffs and one by the defendant.
The plaintiffs apply here for orders that:[2]
1.The confidential particulars be provided by example. (The plaintiffs’ first application).
2.There be a confidentiality regime with respect to the confidential particulars. (The plaintiffs’ second application).
3.There be a deferral of the provision of any further particulars pending disclosure by the defendant. (The plaintiffs’ third application).
[2]Addressed in a sequence convenient for these reasons, these descriptions have been used for the purposes of the orders made.
The defendant makes…
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- Case
- [2021] QSC 343
- Decision Date
CaseChat Overview and Summary
The court examined the principles applicable to the deferral of particulars pending disclosure. It noted that while there was no specific authority for the proposed course, the court's power to limit the provision of particulars could be exercised to overcome the potential oppression arising from providing particulars for numerous contracts and negotiations. The court concluded that, provided the plaintiff adhered to certain concessions, the wide terms of rule 16.1 could accommodate the request. Additionally, the court found that particulars by example did not need to be disclosed as they did not raise any expectations for the defendant and would not prejudice the defendant's case. The court also considered the need for non-disclosure, as outlined by Brown J in a previous case.
Regarding the deferral of the provision of further particulars pending disclosure by the defendant, the court found that there was a discretion to make such orders. The court outlined several factors to consider when exercising this discretion, including the plaintiffs' efforts to obtain information, the precision with which they had identified the nature of their case, and whether there was a discernible factual foundation for their case. The court concluded that the plaintiff's request could be granted in part, as the interests of justice would be served by permitting such a course.
In summary, the court allowed the plaintiff's first and second applications, granted the third application in part, and dismissed the defendant's application. The parties were required to prepare minutes of the orders reflecting the reasons and submissions as to costs by 4 February 2022. If the parties could not agree on the minutes, the matter would be relisted at a date to be fixed after the parties notified the court's Associate that agreement could not be reached.
Orders
Orders of the court
1. The plaintiffs’ first application is allowed.
2. The plaintiffs’ second application is allowed.
3. The plaintiffs’ third application is allowed in part.
4. The defendant’s application is dismissed.
5. That the parties prepare minutes of orders to reflect the reasons and submissions as to costs by 4 February 2022. If the parties fail to agree on the minutes, the matter will be relisted at a date to be fixed after the parties notify my Associate that agreement cannot be reached.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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