Mineralogy Pty Ltd v Citic Limited

[2024] WASCA 168

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Discovery
3. › Categories of discovery
4. › Interlocutory order confining discovery categories
5. › Temporal limitation on discovery
6. › Whether primary judge erred in imposing end-date cut-off
7. › Whether discovery categories directly relevant to matters in issue
8. › Rules of the Supreme Court 1971 (WA), O 1 r 4A, O 1 r 4B, O 26 r 7(3), O 26 r 11
1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Practice and procedure
5. › Principles for granting leave to appeal from interlocutory order on matter of practice and procedure
6. › Whether substantial injustice would result if decision left unreversed
7. › Special restraint in reviewing procedural decisions of case-managing judges
8. › Supreme Court Act 1935 (WA), s 60(1)(f)
1. Appeal
2. › Appellate review of discretionary decisions
3. › Discovery orders
4. › Whether grounds of appeal adequately identified nature of alleged discretionary error
5. › House v The King principles
6. › Whether primary judge took into account irrelevant consideration or failed to take into account relevant consideration

Quick Take

Leave to appeal from interlocutory discovery orders will not be granted where the asserted injustice is speculative and theoretical, particularly where extensive discovery has already been ordered and procedural mechanisms remain available to address any injustice that becomes apparent prior to or at trial.