| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL COURT
S CI 2018 00309
| BOUGAINVILLE COPPER LIMITED | Applicant |
| v | |
| RTG MINING INC and CENTRAL EXPLORATION PTY LTD | Respondents |
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JUDGE: | Mukhtar AsJ |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 17, 18, 21 May 2018 (written submissions 26 June 2018) |
DATE OF RULING: | 3 September 2018 |
CASE MAY BE CITED AS: | Bougainville Copper Limited v RTG Mining Inc and anor (Transcript Ruling) |
MEDIUM NEUTRAL CITATION: | [2018] VSC 499 |
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PRACTICE AND PROCEDURE ― Non party’s request to obtain transcript ― Hearing in interlocutory hearing ― Evidence by affidavit ― Transcript of argument only ― Matters to be considered
PRACTICE AND PROCEDURE ― Orders for confidentiality of filed documents ― Court’s inherent jurisdiction ― Application for pre-action discovery of documents ― Respondents’ apprehension that grounds of application insinuate scandalous or seriously improper conduct ― Whether confidentiality order over all Court documents ought be made ― No application for confidentiality throughout hearing ― Application after judgment reserved ― Application refused ― Supreme Court (General Civil Procedure Rules) 2015, r 28.05.
APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | On written submissions | |
| For the Defendant |
HIS HONOUR:
The Court has heard, and has reserved, its decision on an intensively fought application for pre‑action discovery of documents under rule 32.05 of this Court’s general civil procedure rules. That is an application brought against an identified prospective defendant against whom an applicant has reasonable cause to believe that it has, or may have, the right to obtain relief but it needs additional information by way of discovery of documents from that prospective defendant to assist in making a decision whether or not to sue.
The underlying commercial context of the application is the pursuit as between the applicant (‘BCL’) and the second respondent (‘Central Exploration’) in venturing to gain commercial interests to explore and develop the former Panguna mine in the Autonomous Region of Bougainville in Papua New Guinea. The first respondent is a minority shareholder in Central Exploration with two common directors, and for ease of narration I shall refer to them here as the respondents.
An unexpected and distracting controversy that is unconcerned with the merits of the application has since been agitated by the respondents. It calls for a ruling. It started with the authorised transcript provider notifying my Chambers on 21 May 2018 that a Mr Nik Zuks had enquired about obtaining the transcript of the hearing. He is not a party. He is not a deponent. But he is no stranger to Bougainville and the underlying commercial interests in this application. Mr Zuks is one of four defendants named in a proceeding commenced in the Supreme Court of Western Australia (‘the WA proceeding’) on 13 November 2017 in which the respondents in this application are two of three plaintiffs in that proceeding. BCL is not a party to that proceeding. The writ and amended statement of claim in that proceeding were referred to and tendered in…
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- Case
- [2018] VSC 499
- Decision Date
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