Central Exchange Ltd v Anaconda Nickel Ltd

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.