JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: PALMER -v- CITIC LTD [No 17] [2025] WASC 224
CORAM: LUNDBERG J
HEARD: 5 JUNE 2025
DELIVERED : 8 JUNE 2025
PUBLISHED : 9 JUNE 2025
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
Catchwords:
Practice and procedure - Application by plaintiffs to admit historical valuation report of valuer pursuant to s 79C(1) of the Evidence Act 1906 (WA) - Whether author is a 'qualified witness' under s 79B of the Evidence Act 1906 (WA) - Application for leave to dispense with requirements made in relation to expert evidence - Subpoena issued by plaintiffs to call author of historical report following ruling by the Court that report not capable of being tendered as a 'business record' under s 79C(2a) of the Evidence Act 1906 (WA) - Whether proposed orders consistent with case management principles - Whether prejudice to the defendants - Whether additional case management directions might ameliorate any prejudice - Turns on own facts
Legislation:
Evidence Act 1906 (WA), s 79B, s 79C
Rules of the Supreme Court 1971 (WA), O 1 r 4A, O 1 r 4B, O 36A r 1
Result:
Ruling that portions of the Jaski Report and associated affidavit may be tendered pursuant to s 79C(1) of the Evidence Act 1906 (WA).
Further case management directions to be made.
Category: B
Representation:
Counsel:
| First Plaintiff | : | P J Dunning KC, M A Karam, H Cooper, D Fawcett, L Tassell & M Stone |
| Second Plaintiff | : | P J Dunning KC, M A Karam, H Cooper, D Fawcett, L Tassell & M Stone |
| First Defendant | : | S K Dharmananda SC, S B Nadilo, J R C Sippe & J D Birch |
| Second Defendant | : | S K Dharmananda SC, S B Nadilo, J R C Sippe & J D Birch |
| Third Defendant | : | S K Dharmananda SC, S B Nadilo, J R C Sippe & J D Birch |
Solicitors:
| First Plaintiff | : | Robinson Nielsen Legal |
| Second Plaintiff | : | Robinson Nielsen Legal |
| First Defendant | : | Allens |
| Second Defendant | : | Allens |
| Third Defendant | : | Allens |
Case(s) referred to in decision(s):
Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175
Clark v Ryan (1960) 103 CLR 486
Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588
Energy Resources Ltd v Cactus Wellhead Australia Pty Ltd [2023] WASC 475
Mansour v Standard Telephones & Cables Pty Ltd [1983] 3 NSWLR 205
Palmer v CITIC Ltd [No 10] [2023] WASC 417
Palmer v CITIC Ltd [No 12] [2024] WASC 322
Palmer v CITIC Ltd [No 16] [2025] WASC 216
Palmer v CITIC Ltd [No 9] [2023] WASC 238
Phoenix Eagle Company Pty Ltd v Tom McArthur Pty Ltd [No 3] [2020] WASC 272
Table of…
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- Case
- [2025] WASC 224
- Decision Date
CaseChat Overview and Summary
The court examined the qualifications of Mr Jaski and his report's relevance to the case. It allowed the plaintiffs to use parts of the Jaski Report and his affidavit but confined the tender to specific sections. The court ruled that Mr Jaski would not lead further substantive evidence but would be subject to cross-examination and re-examination. The subpoena to Mr Jaski was permitted, and the defendants' expert, Mr Meredith, was granted leave to file a further report. The plaintiffs were required to further particularise their claim for damages. The trial was divided into two phases to accommodate these decisions, with the second phase focusing on the Non-Going Concern Evidence and closing addresses.
The court concluded that the orders made were consistent with case management principles and would not unduly prejudice the defendants. The decision allowed for a structured approach to the trial, ensuring that all evidence and expert opinions were properly managed and presented. The court also outlined the timing and structure for the second phase of the trial, ensuring that all parties had adequate opportunity to prepare and present their cases.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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