JKC Australia LNG Pty Ltd v AkzoNobel NV (No 7) [2024] FCA 723

JKC Australia LNG Pty Ltd v AkzoNobel NV (No 7) [2024] FCA 723

The documents sought (witness statements and transcripts from the arbitration) meet the threshold of apparent relevance and could possibly throw light on the issues in the main case as identified in the pleadings and the arbitration award. No sufficient oppression or prejudice has been established to justify refusal; confidentiality can be protected as needed. Compliance is ordered for a reduced set of documents as identified in the respondents' proposed orders.

Parties
Applicant: JKC Australia LNG Pty Ltd; First Respondent: AkzoNobel NV; Second Respondent: International Paint Limited; First Applicant (wad 162 of 2021); First Cross Respondent: INPEX Operations Australia Pty Ltd; Second Applicant (wad 162 of 2021); Second Cross Respondent: Ichthys LNG Pty Ltd; Third Respondent; Third Cross Claimant: Akzo Nobel Pty Limited; Third Cross Respondent: JKC Australia LNG Pty Ltd
Jurisdiction
Australia
Judgment Date
04 July 2024
Procedural Posture
Practice and Procedure / Interlocutory Application During Trial—application to Be Relieved From Compliance With Notice to Produce
Outcome
Application refused; production of reduced group of documents ordered.
Legal Topics
Notice to Produce, Discovery and Production of Documents, Confidential Arbitration, Apparent Relevance, Harman Undertaking
Arbitration Commercial Law Civil Procedure Notice to Produce Discovery and Production of Documents Confidential Arbitration Apparent Relevance Harman Undertaking

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Parties

JKC Australia LNG Pty Ltd

Applicant

AkzoNobel NV

First Respondent

International Paint Limited

Second Respondent

INPEX Operations Australia Pty Ltd

First Applicant (wad 162 of 2021); First Cross Respondent

Ichthys LNG Pty Ltd

Second Applicant (wad 162 of 2021); Second Cross Respondent

Akzo Nobel Pty Limited

Third Respondent; Third Cross Claimant

JKC Australia LNG Pty Ltd

Third Cross Respondent

Procedural Posture

Practice and Procedure / Interlocutory Application During Trial—application to Be Relieved From Compliance With Notice to Produce

Legal Issues

  1. 1 Whether JKC Australia LNG Pty Ltd should be relieved from compliance with a notice to produce documents (witness statements and transcripts from arbitration) issued by the respondents
  2. 2 Whether the documents sought are apparently relevant to the current proceedings
  3. 3 Whether compliance is oppressive or unduly burdensome given timing, confidentiality, and past discovery history

Ratio Decidendi

The documents sought (witness statements and transcripts from the arbitration) meet the threshold of apparent relevance and could possibly throw light on the issues in the main case as identified in the pleadings and the arbitration award. No sufficient oppression or prejudice has been established to justify refusal; confidentiality can be protected as needed. Compliance is ordered for a reduced set of documents as identified in the respondents' proposed orders.

Court Disposition

Application refused; production of reduced group of documents ordered.

Orders

  • JKC is relieved from compliance with aspects of the notice to produce (only for certain paragraphs);
  • JKC is to produce specified documents under other paragraphs by 12 July 2024;