Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd (No 6) [2013] FCA 1414

Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd (No 6) [2013] FCA 1414

The application for particular discovery was refused on the basis that, given the timing and the likelihood of experts revisiting their assumptions closer to trial, further discovery at this stage was not necessary for the fair preparation of valuation evidence.

Jurisdiction
Australia
Judgment Date
18 December 2013
Procedural Posture
Interlocutory Application / Ruling on Interlocutory Application
Outcome
application refused
Legal Topics
['discovery' 'valuation Evidence' 'expert Evidence']
['civil Procedure'] ['discovery' 'valuation Evidence' 'expert Evidence']

Case Brief

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Procedural Posture

Interlocutory Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 ['Whether particular discovery should be ordered to assist expert valuer in preparing valuation evidence' 'Timing and fairness of allowing additional discovery in relation to expert evidence']

Ratio Decidendi

The application for particular discovery was refused on the basis that, given the timing and the likelihood of experts revisiting their assumptions closer to trial, further discovery at this stage was not necessary for the fair preparation of valuation evidence.

Court Disposition

application refused

Orders

  • ['The interlocutory application of the applicant of 12 December 2013 is refused.' 'The question of costs of the application is reserved.']