HongKong Xinhe International Investment Company Ltd v Bullseye Mining Ltd [No 3]

In HongKong Xinhe International Investment Company Ltd v Bullseye Mining Ltd [No 3], the plaintiff, Hongkong Xinhe, brought proceedings against Bullseye Mining, an unlisted public company of which Hongkong Xinhe is a substantial shareholder. Hongkong Xinhe sought orders under s 232 and s 233 of the Corporations Act 2001 (Cth) (Act) as to the conduct of the affairs of Bullseye by its directors. Hongkong Xinhe contended that the affairs of Bullseye have been conducted contrary to the interests of the members as a whole and oppressive to the members of Bullseye including Hongkong Xinhe. The proceedings are the subject of a number of interlocutory applications filed by Hongkong Xinhe. Two of these applications were heard by Hill J on 30 March 2021. The first was an application for orders for further discovery by the defendants of four categories of documents. The second was an application to strike out [160] of the first defendant's third re-amended defence. In addition to these two applications, there is a dispute between the parties as to whether answers filed by the defendants in response to Hongkong Xinhe's request for further and better particulars of their respective defences are adequate. On 25 March 2021, Hill J ordered that this dispute be determined on the papers. For the reasons which are set out below, Hill J considers that:(a)the defendants should provide further and better discovery of any documents relating to any transaction or proposed transaction between the first defendant and 'Troy Gold';(b)the plaintiff's application to strike out [160] of the third re-amended defence should be refused on the grounds argued before Hill J on 30 March 2021;(c)the first defendant should provide further and better particulars of [88.10], [160.5] and [160.40] of its defence;(d)the second to fourth defendants should provide further and better particulars of [88(7C)] of their defence.The plaintiff's applications will otherwise be dismissed.