Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 6]

The plaintiffs Sino Iron Pty Ltd, Korean Steel Pty Ltd, and CITIC Limited, sought consolidation of two actions against the defendants Mineralogy Pty Ltd, Clive Frederick Palmer, and the State of Western Australia. The first action, CIV 1915 of 2019, had been ongoing for over three years, while the second action, CIV 2326 of 2021, was initiated on 8 December 2021 based on a recent request for tenure made by the plaintiffs to Mineralogy on 29 November 2021. The defendants opposed the consolidation, arguing that the seven-day period allowed to evaluate the request was insufficient and that the new action raised new and distinct considerations. The court considered the application for consolidation under RSC O 83 r 1, taking into account factors such as common questions of law or fact, convenience, and the potential for prejudice or unfairness. The court found that the new action raised issues closely interrelated with those in the existing action and that consolidation would not cause undue prejudice to the defendants. The court concluded that consolidation was in the interests of justice and ordered the consolidation of the two actions, with CIV 1915 of 2019 designated as the lead action. The plaintiffs were directed to file a consolidated statement of claim within a specified timeframe, after which the defendants would have ten days to file any consequential amendments to their defences.