Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd (No 2)

Alliance Craton Explorer Pty Ltd sought to recall and vary an order for particular discovery made against Quasar Resources Pty Ltd. The matter was before the Federal Court, which had to determine whether the orders were ambiguous or in error, and if varying them would be in the interests of justice. The applicant argued that the orders were ambiguous and contained errors, and that varying them would not prejudice the respondent. The respondent opposed the application, arguing that the orders were clear and unambiguous and that varying them would be unjust.

The court considered whether the orders were ambiguous or contained errors, and if varying them would be in the interests of justice. It found that the orders were clear and unambiguous, and that there was no error in them. The court held that varying the orders would not be in the interests of justice, as it would prejudice the respondent. The court also noted that the orders had not been formally entered, but this did not affect their validity.

Accordingly, the application to recall and vary the orders was refused. The applicant was ordered to pay the respondent’s costs of the application. The court emphasised that the fact that the orders had not been formally entered did not affect their validity or the court’s ability to vary them if necessary. The court also noted that the interests of justice were a relevant consideration in determining whether to vary orders, and that varying orders that were clear and unambiguous and contained no error would usually not be in the interests of justice.