Perdaman Chemicals & Fertilisers v Griffin Coal Mining Company Pty Ltd

Perdaman Chemicals & Fertilisers applied for leave to serve an originating application on Lanco Resources International Pty Ltd, a company whose registered office is in Singapore, out of the jurisdiction. The claim against Lanco Resources is that it engaged in unconscionable conduct in contravention of Schedule 2 of the Competition and Consumer Act 2010 (Cth), or interfered tortiously in the contractual relations between Perdaman and Griffin Coal Mining Company Pty Ltd. Perdaman and Griffin Coal had a contract for the supply of coal for a proposed urea production project. Lanco Resources is a related company to Griffin Coal, and Perdaman contends that Lanco Resources and Griffin Coal procured that financial closure did not occur, and that Lanco Resources was instrumental in procuring that Griffin Coal issued a notice of termination of the coal supply contract. The application was filed in the Federal Court in unusual circumstances, as there is already a proceeding pending in the Supreme Court of Western Australia which makes the same allegation against some of the parties as made in the proceeding in this Court.

The court had to decide whether to exercise its discretion to refuse leave to serve the proceeding out of the jurisdiction, in light of the existing proceeding in the Supreme Court of Western Australia. The court noted that there are some claims made in this proceeding which are not made in the Supreme Court proceeding, and there are parties to this proceeding who are not parties to the Supreme Court proceeding. The court also noted that there is a lacuna in the Rules of the Supreme Court of Western Australia, which precluded Perdaman from serving a Supreme Court proceeding out of the jurisdiction, in respect of a cause of action founded on an alleged contravention of a Commonwealth statute. The court held that the discretion to refuse leave to serve out of the jurisdiction should not be exercised in these circumstances, and granted the application for leave to serve.

The court made orders granting leave to serve on Lanco Resources the originating application, statement of claim, interlocutory application for leave to serve outside of the jurisdiction and this Order, in accordance with the Supreme Court of Judicature Act (Singapore) and the Rules of Court prescribed thereunder. The court also made orders relating to the service of affidavits and submissions, the limitation of time for the respondent to file and serve any application, the reservation of costs, the adjournment of the matter, and liberty to apply.