Sedco Forex International Inc v Nexus Energy WA Proprietary Limited

The case of Sedco Forex International Inc v Nexus Energy WA Proprietary Limited involved a dispute between Sedco Forex International Inc and Nexus Energy WA Proprietary Limited, with Osaka Gas Co Ltd as a third party. The case was heard in the Federal Court of Australia. The primary issue before the court was whether the applicant, Sedco Forex International Inc, was required to specify in its pleadings whether the third party, Osaka Gas, was acting as a disclosed or undisclosed agent of Nexus Energy when the agency was alleged.

The court considered the legal principles surrounding agency and the obligations of a pleader in relation to pleading material facts. It held that while the applicant was required to lay out material facts on which it relied, it was not necessary to specify whether the third party was a disclosed or undisclosed agent. The court reasoned that the distinction between a disclosed and undisclosed agent is primarily relevant to the potential liability for contracts entered into by the agent and does not necessarily impact the pleadings. The court further noted that the applicant's obligation was to plead the facts to be proved by the evidence, rather than the evidence itself.

The court dismissed the strike-out application and ordered that the interlocutory application filed by the second respondent on 14 October 2011 be dismissed with costs. The court also directed the parties to bring forward a minute of proposed directions for consideration at a directions hearing listed on Friday 27 April 2012 at 12.15 pm.