JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: PALMER -v- CITIC LTD [No 11] [2024] WASC 210
CORAM: LUNDBERG J
HEARD: 21 MAY 2024
DELIVERED : 10 JUNE 2024
FILE NO/S: CIV 2072 of 2017
BETWEEN: CLIVE FREDERICK PALMER
First Plaintiff
MINERALOGY PTY LTD
Second Plaintiff
AND
CITIC LTD
First Defendant
SINO IRON PTY LTD
Second Defendant
KOREAN STEEL PTY LTD
Third Defendant
FILE NO/S: CIV 1267 of 2018
BETWEEN: MINERALOGY PTY LTD
Plaintiff
AND
CITIC LTD
First Defendant
SINO IRON PTY LTD
Second Defendant
KOREAN STEEL PTY LTD
Third Defendant
Catchwords:
Practice and procedure - Applications by CITIC Parties for orders to compel discovery of previously ordered discovery categories and for new categories to be ordered - Certain categories conceded - Other categories opposed by Mineralogy Parties on various bases
Practice and procedure - Applications by CITIC Parties for plaintiffs to file a 'discovery audit affidavit' to explain discovery compliance steps which have been undertaken by those parties and their representatives to date including as to sources of documents and the searches undertaken - Delays in attending to discovery obligations - Whether power exists to order such an affidavit
Practice and procedure - Whether present discovery applications should be delayed until pending applications have been heard including applications to discharge discovery categories and pleading challenges - Positive case flow management - Balancing of interests - Turns on own facts
Legislation:
Rules of the Supreme Court 1971 (WA) O 26 r 6, O 26 r 7(3), O 26 r 15, O 26 r 16, O 26 r 16A
Result:
Orders made requiring the plaintiffs to give discovery of documents in certain categories, with the balance of the discovery applications to be held over and heard with pending applications in August 2024
Category: B
Representation:
CIV 2072 of 2017
Counsel:
| First Plaintiff | : | Mr P J Dunning KC, Mr M Karam & Mr K S Byrne |
| Second Plaintiff | : | Mr P J Dunning KC, Mr M Karam & Mr K S Byrne |
| First Defendant | : | Mr S K Dharmananda SC, Ms S B Nadilo & Mr J D Birch |
| Second Defendant | : | Mr S K Dharmananda SC, Ms S B Nadilo & Mr J D Birch |
| Third Defendant | : | Mr S K Dharmananda SC, Ms S B Nadilo & Mr J D Birch |
Solicitors:
| First Plaintiff | : | Alexander Law |
| Second Plaintiff | : | Alexander Law |
| First Defendant | : | Allens |
| Second Defendant | : | Allens |
| Third Defendant | : | Allens |
CIV 1267 of 2018
Counsel:
| Plaintiff | : | Mr P J Dunning KC, Mr M Karam & Mr K S Byrne |
| First Defendant | : | Mr S K Dharmananda SC, Ms S B Nadilo & Mr J D Birch |
| Second Defendant | : | Mr S K Dharmananda SC, Ms S B Nadilo & Mr J D Birch |
| Third Defendant | : | Mr S K Dharmananda SC, Ms S B Nadilo & Mr J D Birch |
Solicitors:
| Plaintiff | : | Alexander Law |
| First Defendant | : | Allens |
| Second Defendant | : | Allens |
| Third Defendant | : | Allens |
Case(s) referred to in…
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- Case
- [2024] WASC 210
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the CITIC Parties had the power to order a discovery audit affidavit, and if the current discovery applications should be delayed pending the resolution of other applications, such as those seeking to discharge discovery categories and pleading challenges. The court had to consider principles of case flow management and the balancing of interests, as the decision hinged on the unique facts of the case.
In its reasoning, the court held that while there was a power to order a discovery audit affidavit, it should not be exercised in this instance given the circumstances. The court also determined that the present discovery applications should not be delayed until the pending applications were resolved. The court focused on the need for efficient case flow management and weighed the interests of both parties, concluding that the current applications should proceed without further delay.
The final orders included a refusal to compel the filing of a discovery audit affidavit, and a directive for the discovery applications to proceed without further delay. The court's decision underscored the importance of balancing case flow management with the procedural rights of the parties involved.
Orders
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Background
Background to the litigation
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Evidence Before The Court
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Ratio Decidendi
Legal Principle Established
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