Western Areas Exploration Pty Ltd v Streeter [No 2]

Western Areas Exploration Pty Ltd brought proceedings against Mr Streeter and others, seeking various reliefs, including an injunction and damages. The plaintiff sought leave to amend its writ and statement of claim to include a new cause of action based on documents discovered during the course of the litigation. Additionally, the plaintiff sought an order for security for costs. The defendants opposed the applications on various grounds.

The legal issues before the court were whether the plaintiff should be granted leave to amend its writ and statement of claim to include the new cause of action, whether the plaintiff should be granted leave to use the discovered documents for the purposes of pleading and prosecuting the new cause of action, and whether the plaintiff should be ordered to provide security for the defendants' costs. The court had to consider the discretion available to it in each case, and whether the applications met the appropriate threshold.

The court found that the plaintiff had made out a prima facie case for the new cause of action, and that the discovered documents were relevant and admissible. The court also found that the plaintiff had not demonstrated that it was likely to be unable to pay the defendants' costs if they were successful in their defences. The court exercised its discretion to grant leave to amend the writ and statement of claim, and to use the discovered documents. However, the court dismissed the application for security for costs.

The court made orders granting leave to use discovered documents and to amend writ and statement of claim, and dismissed the application for security for costs.