Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd (No 5) [2013] FCA 1045

Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd (No 5) [2013] FCA 1045

Because Heathgate's pleaded defence put in issue whether Alliance was entitled to equitable relief given its ability or willingness to do equity or make substantial restitution, Alliance's recent financial records were directly relevant. The category ordered was limited, targeted and not burdensome, and would permit...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 October 2013
Procedural Posture
Application for Further Discovery / Interlocutory Application by the Second Respondent Dated 28 August 2013
Outcome
Heathgate's application for further discovery was granted in limited terms, and Alliance was ordered to pay Heathgate's costs of the application.
Legal Topics
['discovery' 'further Verified Discovery' 'equitable Relief' 'restitution' 'doing Equity']
['practice and Procedure' 'equity'] ['discovery' 'further Verified Discovery' 'equitable Relief' 'restitution' 'doing Equity']

Source-derived case record

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Procedural Posture

Application for Further Discovery / Interlocutory Application by the Second Respondent Dated 28 August 2013

Legal Issues

  1. 1 ['Whether Alliance should provide further discovery of documents concerning its ability or willingness to do equity or make substantial restitution in respect of expenditure by Quasar or Heathgate on EL 2874.' 'Whether the discovery sought was directly relevant, targeted, narrow and not burdensome.']

Ratio Decidendi

Because Heathgate's pleaded defence put in issue whether Alliance was entitled to equitable relief given its ability or willingness to do equity or make substantial restitution, Alliance's recent financial records were directly relevant. The category ordered was limited, targeted and not burdensome, and would permit the issue to be addressed in the proceeding rather than in a later hearing. A limited order for verified discovery of financial statements and management accounts was therefore appropriate.

Court Disposition

Heathgate's application for further discovery was granted in limited terms, and Alliance was ordered to pay Heathgate's costs of the application.

Orders

  • ['The applicant provide further verified discovery to the second respondent of its audited financial statements for the financial years ended 30 June 2012 and 30 June 2013 (and if the audited accounts to 30 June 2013 are not yet available, its management accounts for the year ended 30 June 2013) and its management...