Palmer v CITIC Ltd [No 12]

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JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:   PALMER -v- CITIC LTD [No 12] [2024] WASC 322

CORAM:   LUNDBERG J

HEARD:   5 AUGUST 2024

DELIVERED          :   10 SEPTEMBER 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 LIMITED

First Defendant

SINO IRON PTY LTD

Second Defendant

KOREAN STEEL PTY LTD

Third Defendant

FILE NO/S:   CIV 2336 of 2023

BETWEEN:   SINO IRON PTY LTD

First Plaintiff

KOREAN STEEL PTY LTD

Second Plaintiff

CITIC LIMITED

Third Plaintiff

AND

MINERALOGY PTY LTD

First Defendant

STATE OF WESTERN AUSTRALIA

Second Defendant

FILE NO/S:   CIV 2425 of 2023

MINERALOGY PTY LTD

First Plaintiff

CLIVE FREDERICK PALMER

Second Plaintiff

AND

EX PARTE

HELEN TERESA DILLON

First Defendant

CHEN ZENG

Second Defendant

SINO IRON PTY LTD

Third Defendant

KOREAN STEEL PTY LTD

Fourth Defendant

CITIC LIMITED

Fifth Defendant

ALLENS (A FIRM)

Sixth Defendant

FBIS INTERNATIONAL ISSUES MANAGEMENT PTY LTD

Seventh Defendant


Catchwords:

Practice and procedure - Sequencing applications brought by the Mineralogy Parties in four actions of a complex nature - High degree of commonality as to the principal parties, written instruments and the pleaded issues across the actions - The applications seek directions to programme the actions to consecutive trials in 2025 with the Fulcrum Proceeding having priority - Alternative directions sought to hold concurrent trials of certain of the actions - Directions include orders as to splitting cases as to liability and quantum - Applications opposed by CITIC Parties and by FBIS - Whether power to make directions - Relevant considerations to which regard should be had - Case management considerations - Prospect of inconsistent findings in relation to certain allegations - Premature to reach final conclusions on listing of all trials - Orders to be made listing most urgent proceedings for trial in 2025 with final assessment as to concurrent or consecutive trials to be revisited once further matters are known - Turns on own facts

Legislation:

Rules of the Supreme Court 1971 (WA), O 1 r 4A, O 1 r 4B, O 4A r 2(1),
O 4A r 5(2), O 4A r 5A(1), O 32 r 4

Result:

Orders made to list the 2023 MCP Proceeding for trial commencing in April 2025
Sequencing applications otherwise adjourned until early December 2024 for further consideration

Category:    B

Representation:

CIV 2072 of 2017

Counsel:

First Plaintiff : P J Dunning KC, H Cooper, S F Gaussen, & S Palaniappan
Second Plaintiff : P J Dunning KC, H Cooper, S F Gaussen, & S Palaniappan
First Defendant : S K Dharmananda SC & S B Nadilo
Second Defendant : S K Dharmananda SC & S B Nadilo
Third Defendant : S K Dharmananda SC & S B Nadilo

Solicitors:

First Plaintiff : Alexander Law
Second Plaintiff : Alexander Law
First Defendant : Allens
Second Defendant :
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Details
Case
[2024] WASC 322
Decision Date

CaseChat Overview and Summary

The case of Palmer v CITIC Ltd [No 12] involves a complex dispute between the Mineralogy Parties and the CITIC Parties, with additional opposition from FBIS. The litigation centres on a series of actions that share a high degree of commonality in terms of parties, written instruments, and issues. The Mineralogy Parties have applied for directions to organise these actions into consecutive trials scheduled for 2025, with the Fulcrum Proceeding to take priority. Alternatively, they seek concurrent trials for certain actions, accompanied by orders to split cases as to liability and quantum.

The central legal issues before the court were whether it had the power to make the proposed directions and what considerations should be taken into account. These considerations include the case management perspective, the risk of inconsistent findings regarding certain allegations, and the timing of the applications, which the court found to be premature for a definitive decision on the listing of all trials.

The court concluded that it had the authority to issue the directions but also noted that it was not yet appropriate to decide on the complete listing of all trials. The court opted to list the most urgent proceedings for trial in 2025, reserving the final decision on whether to hold concurrent or consecutive trials until further information becomes available. This balanced approach allows for flexibility as the litigation progresses.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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