Palmer v CITIC Ltd [No 6]

The plaintiffs in the QNI Proceeding, Clive Frederick Palmer and Mineralogy Pty Ltd, sought to set aside four subpoenas issued at the request of the defendants, CITIC Ltd, Sino Iron Pty Ltd, and Korean Steel Pty Ltd, in the Supreme Court of Western Australia. The subpoenas were issued to the recipients, Indian Ocean Capital Pty Ltd, Indian Ocean Management Group Pty Ltd, and Indian Ocean Group Pty Ltd, seeking various documents in relation to the potential sale of the Yabulu Refinery to Zero Carbon Investek AG. The plaintiffs argued that the subpoenas were an abuse of process, sought irrelevant documents, and lacked a legitimate forensic purpose.

The court addressed the plaintiffs' contentions, finding that the subpoenas were not an illegitimate attempt to bypass the discovery regime, sought relevant documents, and had a legitimate forensic purpose. The court rejected the plaintiffs' arguments, emphasizing that the overlap between the documents sought in the subpoenas and those potentially discoverable did not justify the characterization of the subpoenas as an abuse of process. The court also noted that the plaintiffs' failure to comply with their discovery obligations might have contributed to the defendants' decision to issue the subpoenas. Given the high value and complexity of the claims, the court supported the use of the subpoena process to ensure timely production of documents relevant to the valuation of the Yabulu Refinery.

The Application to set aside the subpoenas was dismissed, and the court directed the parties to discuss the need for an extension of time for compliance with the subpoenas and the appropriate costs orders.