Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 4]

Sino Iron Pty Ltd, Korean Steel Pty Ltd, and CITIC Limited (collectively referred to as the plaintiffs) brought an action against Mineralogy Pty Ltd, Clive Frederick Palmer, and the State of Western Australia (collectively referred to as the defendants) for alleged breaches of contract and statutory provisions. The plaintiffs sought leave to amend their amended statement of claim (ASOC) by introducing a further amended statement of claim (FASOC). The defendants opposed the application, contending that the proposed amendments would introduce a new cause of action and put at issue Mineralogy's state of mind. The plaintiffs argued that the proposed amendments were necessary to respond to Mineralogy's defence and were responsive to the existing pleadings. Justice Kenneth Martin granted the plaintiffs leave to amend their ASOC in the terms of the FASOC. The court found that the proposed amendments were not a change of position but rather a legitimate response to the defendants' defences and did not introduce a new cause of action. The court also found that the proposed amendments would have minimal impact on the trial and that the defendants were adequately resourced to respond to the changes. The court ordered that the plaintiffs pay the defendants' costs thrown away, if any, by reason of the amendment and that the defendants have leave to amend their defence pleadings within 14 days of the court's orders allowing the plaintiffs' proposed further amendments to their ASOC.

The final orders of the court were:

(a) The plaintiffs receive leave to amend in accord with their proposed amendments under the Minute of Further Amended Statement of Claim (the FASOC) of 29 November 2021; and

(b) The first and second defendants should have consequential leave to amend their current defence pleadings within 14 days of the court's orders allowing the plaintiffs proposed further amendments to its amended statement of claim of 26 October 2021.