Kipoi Holdings Mauritius Limited v Robert Michael Kirman as joint and several administrators of Tiger Resources Limited (Subject to Deed of Company Arrangement) [No 3]

This case involves an appeal against a decision of the Supreme Court of Western Australia, where the appellant, Kipoi Holdings Mauritius Limited, sought to set aside a deed of company arrangement (DOCA) and the transfer of shares in Tiger Resources Limited to Yingkou Yangzhou Trade Co Ltd (YYT). The respondents are the joint and several administrators of Tiger Resources Limited, YYT, Jinji Resources Finance Pty Ltd, and Richard Scott Tucker. The Court of Appeal was tasked with deciding several applications to adduce additional evidence in the appeal and for sundry other orders. The YYT Parties (YYT and Jinji) sought leave to adduce additional evidence, while Kipoi sought leave to file and adduce additional evidence, cross-examine a deponent, and file a reply to the respondents' answer. Richard Scott Tucker also sought leave to rely on stipulated evidence in an affidavit.

The court granted the YYT Parties' application dated 7 March 2022 to adduce additional evidence, subject to the order proposed in [91] below. The court also granted Kipoi's application for leave to adduce additional evidence, cross-examine a deponent, and file a reply to part 4 of the YYT Parties' answer. The YYT Parties' application dated 4 May 2022, and Mr. Tucker's application dated 27 April 2022 were referred to the hearing of the appeal. The court reserved the costs of the various applications to be dealt with after determination of the appeal.