Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd [2012] FCA 1157

Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd [2012] FCA 1157

The Court found the reply filed by MCC Mining was inadequate and failed to comply with the Act, Rules, and Practice Direction regarding identification of pleaded issues. Discovery ordered on 20 June 2012 was standard discovery under r 20.14 of the Rules and did not require the Peruvian Guano test.

Parties
Applicant; Cross Respondent: Redline Contracting Pty Ltd; Respondent; Cross Claimant: MCC Mining (Western Australia) Pty Ltd
Jurisdiction
Australia
Judgment Date
15 October 2012
Procedural Posture
Interlocutory Application / Programming Orders; Directions Hearing
Outcome
Programming and procedural orders; strike out of reply; scope of discovery clarified.
Legal Topics
Discovery, Pleadings, Programming Orders
Civil Procedure Discovery Pleadings Programming Orders

Case Brief

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Parties

Redline Contracting Pty Ltd

Applicant; Cross Respondent

MCC Mining (Western Australia) Pty Ltd

Respondent; Cross Claimant

Procedural Posture

Interlocutory Application / Programming Orders; Directions Hearing

Legal Issues

  1. 1 Whether an order for 'general discovery' required the parties to give discovery in accordance with the Peruvian Guano test
  2. 2 Adequacy of the reply filed by the respondent to the defence to cross-claim

Ratio Decidendi

The Court found the reply filed by MCC Mining was inadequate and failed to comply with the Act, Rules, and Practice Direction regarding identification of pleaded issues. Discovery ordered on 20 June 2012 was standard discovery under r 20.14 of the Rules and did not require the Peruvian Guano test.

Court Disposition

Programming and procedural orders; strike out of reply; scope of discovery clarified.

Orders

  • The respondent to file and serve its amended defence (if any) and amended notice of cross-claim by 31 October 2012.
  • Applicant to file and serve its amended defence to amended notice of cross-claim by 14 November 2012.