Central Exchange Ltd v Anaconda Nickel Ltd

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CENTRAL EXCHANGE LTD -v- ANACONDA NICKEL LTD [2001] WASC 128



(2001) 24 WAR 382
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASC 128
Case No:CIV:2316/20006 MARCH 2001
Coram:PARKER J25/05/01
33Judgment Part:1 of 1
Result: Applications dismissed
PDF Version
Parties:CENTRAL EXCHANGE LTD
ANACONDA NICKEL LTD

Catchwords:

Contracts
Construction and interpretation
Implied terms
Deed of Settlement of proceedings re sale of mining interests
Whether defendant obliged to provide documents and information
Fair dealing
Whether necessary to enable plaintiff to have benefit of the contract
Practice and procedure
Pre-action discovery
Interests of justice
Contractual dispute resolution procedure
Confidentiality
Compliance burdensome

Legislation:

Rules of the Supreme Court (WA), O 26A r 4

Case References:

Aiton Australia Pty Ltd v Transfield Pty Ltd [1999] NSWSC 996
Alcatel Australia Ltd v Scarcella (1998) 44 NSWLR 349
BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266
Castlemaine Tooheys Ltd v Carlton & United Breweries Ltd (1987) 10 NSWLR 468
Clarkson v Director of Public Prosecutions [1990] VR 745
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337
Cohen v Walthamstow Pty Ltd & Ors, unreported; SCt of WA (Sanderson M); Library No 980148; 30 March 1998
Davis & Ors v Sagar Pty Ltd & Anor, unreported; SCt of WA (Sanderson M); Library No 980443; 10 August 1998
Electronic Industries Ltd v David Jones Ltd (1954) 91 CLR 288
Elfic Ltd & Ors v Macks & Ors [2000] QSC 18
Far Horizons Pty Ltd v McDonalds Australia Ltd [2000] VSC 310
Garry Rogers Motors (Aust) Pty Ltd v Subaru (Aust) Pty Ltd (1999) ATPR 41-703
Horden-Richmond Ltd v Duncan [1947] 1 KB 545
Hughes Bros Pty Ltd v Trustees of the Roman Catholic Church for the Archdiocese of Sydney & Anor (1993) 31 NSWLR 91
J N Taylor Holdings Ltd (in liq) & Anor v Band & Ors (1993) 59 SASR 432
McCarthy & Ors v Dolpag Pty Ltd [2000] WASCA 106
Paxus Services Ltd v People Bank Pty Ltd (1990) 99 ALR 728
Pratt Construction Ltd v Palmerston North City Council [1995] 1 NZLR 469
Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234
Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596
South Sydney District Rugby League Football Club Ltd v News Ltd [2000] FCA 1541

Australian Mutual Provident Society v 400 St Kilda Road Pty Ltd [1990] VR 646
Australian Securities Commission v Malborough Goldmines Ltd (1993) 177 CLR 485
Butt v M'Donald (1896) 7 QLJ 68
Government Employees Superannuation Board v Martin (1997) 19 WAR 224
Martselos Services Ltd v Arctic College [1994] 3 WWR 73
Posgold (Big Bell) Pty Ltd v Placer (Western Australia) Pty Ltd [1999] WASCA 217
Riley v Jubilee Gold Mines NL [2000] WASC 114
Trans-Pacific Insurance Co (Australia) Ltd v Grand Union Insurance Co Ltd (1989) 18 NSWLR 675
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Details
Case
[2001] WASC 128
Decision Date

CaseChat Overview and Summary

The plaintiff sought declarations that certain terms should be implied into a Deed of Settlement of proceedings between the parties. The Deed was in settlement of a sale of mining interests. The plaintiff sought declarations that the defendant would deal with the plaintiff in good faith and comply with its reasonable requests. The plaintiff also sought declarations that, in consequence of the implication of such terms, the defendant would be obliged to provide information and documents to the plaintiff. Alternatively, the plaintiff sought an order for pre-action discovery of the same information and documents. The defendant opposed the application. The court held that there was no implication of a term of good faith that would require the defendant to provide the plaintiff with the information and documents sought. The court also held that there was no implied term that the defendant would comply with the plaintiff's reasonable requests for information and documents. The court further held that the interests of justice did not require the court to order the defendant to provide the information and documents to the plaintiff by way of discovery. The court refused to make the declarations sought and dismissed the application for discovery.

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