Palmer v CITIC Ltd [No 9]

The Supreme Court of Western Australia was asked to decide two sets of applications in the proceedings between Clive Frederick Palmer and Mineralogy Pty Ltd (the Mineralogy Parties) on one side and CITIC Ltd, Sino Iron Pty Ltd, and Korean Steel Pty Ltd (the CITIC Parties) on the other. The first set of applications were brought by the Mineralogy Parties seeking to be discharged from certain discovery obligations. The second set of applications were brought by the CITIC Parties seeking to vacate orders for a separate trial of quantum and to unify all matters for trial. The Mineralogy Parties consented to the unification applications but the question of costs remained. The court held that the applications to discharge discovery should be deferred until the pleadings had been clarified. In relation to the unification applications, the court held that the Mineralogy Parties should pay the CITIC Parties' costs of those applications. The court proposed to make orders extending the time for compliance with certain discovery categories and requiring the Mineralogy Parties to pay the CITIC Parties' costs of the unification applications.