Practice and procedure - Applications by CITIC Parties for orders to compel discovery of previously ordered discovery categories and for new categories to be ordered - Certain categories conceded - Other categories opposed by Mineralogy Parties on various bases
Practice and procedure - Applications by CITIC Parties for plaintiffs to file a 'discovery audit affidavit' to explain discovery compliance steps which have been undertaken by those parties and their representatives to date including as to sources of documents and the searches undertaken - Delays in attending to discovery obligations - Whether power exists to order such an affidavit
Practice and procedure - Whether present discovery applications should be delayed until pending applications have been heard including applications to discharge discovery categories and pleading challenges - Positive case flow management - Balancing of interests - Turns on own facts
Case Details
Citation[2024] WASC 210
CourtWASC
JurisdictionWestern Australia
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