Mineral Resources Ltd v Destec Pty Ltd [No 5]

Mineral Resources Ltd, the plaintiff, brought an action against Destec Pty Ltd, the defendant, in the Supreme Court of Western Australia. The plaintiff sought damages for the alleged misuse of confidential information, specifically client information, rates, and design details of crushing, screening, and processing plants. The defendant filed an application to strike out parts of the plaintiff's second amended consolidated statement of claim on several grounds, including that the claim for breach of confidence was not sufficiently identified and adequately pleaded. The plaintiff objected to the admissibility of evidence filed by the defendant in support of the application, arguing that such evidence should only be considered if the application was brought under specific rules of the court.

The court had to determine whether the defendant's application was time-barred and whether evidence outside the pleadings was admissible. Additionally, the court needed to decide whether the plaintiff's claim for breach of confidence was adequately pleaded. The court first addressed the issue of whether the defendant required an extension of time to bring the application. The plaintiff argued that the application was filed almost 15 months out of time, as some parts of the statement of claim that were the subject of the application had not been amended since the initial filing. The court acknowledged that the wording of the relevant rule was similar to that governing the striking out of pleadings but did not find it necessary to resolve the question of admissibility as it was not critical to reaching a decision.

The court found that the application was not time-barred and that evidence outside the pleadings was admissible for certain grounds of the application. Regarding the claim for breach of confidence, the court held that the plaintiff had not sufficiently identified the confidential information or adequately pleaded the breach. The court also noted that the plaintiff's reliance on Dow Corning Australia Pty Ltd v Girys did not support the argument that the application was time-barred. The court ultimately allowed the application to strike out the relevant parts of the statement of claim.

The Supreme Court of Western Australia ordered that the relevant parts of the plaintiff's second amended consolidated statement of claim be struck out. The court did not grant an extension of time for the defendant to bring the application and allowed the admission of evidence outside the pleadings for certain grounds of the application. The court found that the plaintiff's claim for breach of confidence was not sufficiently identified and adequately pleaded, leading to the decision to strike out the relevant parts of the statement of claim.