SUPREME COURT OF QUEENSLAND
CITATION:
Adani Mining Pty Ltd v Pennings (No 3) [2025] QSC 264
PARTIES:
ADANI MINING PTY LTD ACN 145 555 205
(First Plaintiff)
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:
SC No 9186 of 2020
DIVISION:
Trial
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
17 October 2025
DELIVERED AT:
Brisbane
HEARING DATE:
1 August 2025
JUDGE:
Freeburn J
ORDERS:
1. The plaintiff’s application filed on 18 June is dismissed.
2. The defendant’s application filed on 27 June is dismissed.
3. I will hear the parties on costs.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – Where the plaintiffs brought a two-phase application – where phase one of the plaintiffs’ application seeks orders requiring the defendant to answer questions (or interrogatories) – where phase two of the application seeks orders relieving the plaintiffs from their burden of proof in respect of 24 allegations – where the plaintiffs argue the defendant has abused the court’s processes by taking steps after the commencement of the proceedings to intentionally destroy or remove documentary evidence from his possession or control – where the court can grant leave to issue interrogatories pursuant to rules 229 and 230 of the Uniform Civil Procedure Rules 1999 (Qld) – where delay is relevant to the court’s discretion – whether the court should exercise its discretion to grant leave to issue interrogatories
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PLEADINGS ANSWERING PLEADINGS – OTHER MATTERS – where the defendant brings a cross-application to seek dispensation from the usual rules of pleading and to be relieved of any requirement to file and serve affidavits by way of evidence-in-chief – where the basis of the defendant’s cross application is his right to privilege against self-incrimination – where the defendant must show, or it must be clear, that there is a real and appreciable risk of criminal prosecution or a tendency to expose a person to penalty – whether the court should grant the defendant leave to dispense from the usual rules of pleading and to be relieved of any requirement to file and serve affidavits by way of evidence-in-chief
Uniform Civil Procedure Rules 1999 (Qld), r 223(2)(b), r 229, r 230, r 367
Anderson v Australian Securities and Investment Commission (2013) 297 ALR 546; [2012] QCA 301, cited
CC Containers Pty Ltd v Lee (No 2) [2012] VSC 149 at [18], cited
Deputy Commissioner of Taxation v Shi (2021) 273 CLR 235; [2021] HCA 22, appliedSorby v The Commonwealth (1983) 153 CLR 281; [1983] HCA 10, cited
COUNSEL:
DB O’Sullivan KC, with E L Robinson and A J Schriffer, for the plaintiffs
M Hodge KC, with C Schneider, for the defendant
SOLICITORS:
Dowd + Wilson for the plaintiffs
Marque Lawyers for the defendant
Introduction
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- Case
- [2025] QSC 264
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether it should exercise its discretion to grant leave to issue interrogatories under the Uniform Civil Procedure Rules 1999 (Qld), considering the relevance of delay, and whether Mr. Pennings' right to privilege against self-incrimination warranted dispensation from the usual rules of pleading. The court considered the plaintiffs' arguments about the alleged abuse of court processes and weighed them against Mr. Pennings' assertion of his right to privilege. The court also needed to assess if there was a real and appreciable risk of criminal prosecution or a tendency to expose Mr. Pennings to penalty, which could substantiate his claim of privilege.
In ruling on the applications, the court found that it should not exercise its discretion to grant leave to issue interrogatories as the plaintiffs had not adequately demonstrated an abuse of court process warranting such an order. The court also dismissed Mr. Pennings' cross-application, finding that he had not shown a real and appreciable risk of criminal prosecution or a tendency to expose himself to penalty. Consequently, the court ruled against both applications, highlighting the importance of each party adhering to the procedural requirements set forth in the rules. The court further indicated that it would hear the parties on costs.
Orders
Orders of the court
1. The plaintiff’s application filed on 18 June is dismissed.
2. The defendant’s application filed on 27 June is dismissed.
3. I will hear the parties on costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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