Construction, Forestry, Mining and Energy Union v BHP Coal (No 2) [2017] FCA 1539

Construction, Forestry, Mining and Energy Union v BHP Coal (No 2) [2017] FCA 1539

The Court should dispense with the requirements of r 20.13(3) and grant limited non-standard discovery as proposed by the respondents, on the basis that the applicant's request for broader categories is too burdensome and oppressive at this stage, but limited discovery will facilitate just resolution without causing undue oppression.

Parties
Applicant: Construction, Forestry, Mining and Energy Union; First Respondent: BHP Coal Pty Ltd; Second Respondent: BM Alliance Coal Operations Pty Ltd; Third Respondent: Downer EDI Mining Pty Ltd; Fourth Respondent: Downer EDI Mining-Blasting Services Pty Ltd
Jurisdiction
Australia
Judgment Date
19 December 2017
Procedural Posture
Interlocutory Application in Ongoing Federal Court Proceeding / Application for Non Standard Discovery Prior to Close of Pleadings
Outcome
Application for discovery granted in limited terms; original application for 13 categories refused as too burdensome.
Legal Topics
Discovery (non Standard), Federal Court Rules 2011 Rr 1.34, 20.13, 20.15, Oppressive Discovery, Pleadings
Practice and Procedure Employment Law Industrial Relations Discovery (non Standard) Federal Court Rules 2011 Rr 1.34, 20.13, 20.15 Oppressive Discovery Pleadings

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Parties

Construction, Forestry, Mining and Energy Union

Applicant

BHP Coal Pty Ltd

First Respondent

BM Alliance Coal Operations Pty Ltd

Second Respondent

Downer EDI Mining Pty Ltd

Third Respondent

Downer EDI Mining-Blasting Services Pty Ltd

Fourth Respondent

Procedural Posture

Interlocutory Application in Ongoing Federal Court Proceeding / Application for Non Standard Discovery Prior to Close of Pleadings

Legal Issues

  1. 1 Whether r 1.34 should be used to grant dispensation with compliance with r 20.13(3) of the Federal Court Rules 2011 (Cth)
  2. 2 Whether non-standard discovery should be ordered prior to close of pleadings
  3. 3 Whether categories of discovery sought by the applicant are oppressive or burdensome

Ratio Decidendi

The Court should dispense with the requirements of r 20.13(3) and grant limited non-standard discovery as proposed by the respondents, on the basis that the applicant's request for broader categories is too burdensome and oppressive at this stage, but limited discovery will facilitate just resolution without causing undue oppression.

Court Disposition

Application for discovery granted in limited terms; original application for 13 categories refused as too burdensome.

Orders

  • The matter be adjourned to a date to be fixed.
  • First and Second Respondents to provide discovery of documents (within 60 days) from 17 April 2015 to 18 August 2015, recording or evidencing any arrangement between Downer and BMA relating to the Blackwater Mine that Downer would replace BHP Coal at lower cost.