Black Cat Syndicate Limited v Asx Limited

[2025] WASC 559

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Practice and Procedure
2. › Discovery
3. › Pre-action discovery
4. › Discovery to identify potential parties
5. › Whether applicant appears to have a cause of action
6. › Whether reasonable inquiries made
7. › Whether discovery necessary in interests of justice
8. › Rules of the Supreme Court 1971 (WA), O 26A r 3
1. Corporations
2. › Market manipulation
3. › Standing to seek compensation and injunctive relief
4. › Corporations Act 2001 (Cth), s 1317J(2)

Quick Take

Pre-action discovery under O 26A r 3 of the Rules of the Supreme Court 1971 (WA) is available to identify potential defendants in market manipulation claims where the ASX holds information about the identity of bidders and the applicant has made reasonable inquiries.