Quartz Assets LLC & Anor v Kestrel Coal Midco Pty Ltd [2021] EWHC 2675 (Comm) (08 October 2021)

Quartz Assets LLC & Anor v Kestrel Coal Midco Pty Ltd [2021] EWHC 2675 (Comm) (08 October 2021)

The Defendant is entitled to specific disclosure of the categories of documents sought, subject to reasonable temporal and confidentiality limitations, as they are relevant to the pleaded issues of measure of loss, causation, and mitigation. The Claimants' objections based on relevance and proportionality are not...

Source-derived case information.

Citation
[2021] EWHC 2675 (Comm)
Parties
Claimant: Quartz Assets LLC; Claimant: Quartz Assets PTE LTD; Defendant: Kestrel Coal Midco Pty Ltd
Jurisdiction
England and Wales
Judgment Date
08 October 2021
Procedural Posture
Commercial Court Disclosure Applications / Interlocutory Application for Specific and Additional Disclosure
Outcome
Defendant's application for specific disclosure granted in substantial part with temporal and confidentiality limitations; Claimants' application for additional disclosure against Defendant granted as to documents held by Emindobiz as agent.
Legal Topics
Disclosure, Damages for Breach of Contract, Mitigation of Loss, Agency, Measure of Damages
Contract Law Civil Procedure Disclosure Damages for Breach of Contract Mitigation of Loss Agency Measure of Damages

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Summary, issues, holding and outcome

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Parties

Quartz Assets LLC

Claimant

Quartz Assets PTE LTD

Claimant

Kestrel Coal Midco Pty Ltd

Defendant

Procedural Posture

Commercial Court Disclosure Applications / Interlocutory Application for Specific and Additional Disclosure

Legal Issues

  1. 1 Whether the Claimants must give disclosure of documents relating to alternative investment of funds and cost of capital for mitigation and quantum purposes
  2. 2 Whether the Defendant is entitled to disclosure of documents evidencing the relationship and funding arrangements between the Claimants and the Värde Funds
  3. 3 Whether the Defendant is entitled to disclosure of documents evidencing the cancellation of funding and the Claimants' ability to access funds

Ratio Decidendi

The Defendant is entitled to specific disclosure of the categories of documents sought, subject to reasonable temporal and confidentiality limitations, as they are relevant to the pleaded issues of measure of loss, causation, and mitigation. The Claimants' objections based on relevance and proportionality are not accepted where the documents go to the heart of the factual disputes. The Claimants' application for third-party disclosure is granted to the extent that Emindobiz acted as agent for the Defendant and its documents are within the Defendant's control.

Court Disposition

Defendant's application for specific disclosure granted in substantial part with temporal and confidentiality limitations; Claimants' application for additional disclosure against Defendant granted as to documents held by Emindobiz as agent.

Orders

  • Claimants to disclose documents in categories 3A, 3E, 3F, 3J, 4A, 4B, and 4C, subject to specified time limits and confidentiality safeguards.
  • Defendant to disclose documents held by Emindobiz responsive to IFDs 3, 3A, 4, and 5, treating Emindobiz as agent and data custodian for disclosure purposes.