The Court ordered further disclosure under UCPR r 223(1), holding that documents evidencing decisions not to pursue the Big W Store Closure Strategy (or not to close particular stores identified under it) were directly relevant to the defendant's pleaded allegation that it would not have renewed the Calamvale lease in 2027. The Court found an objective likelihood of non-compliance with disclosure obligations, reasoning that where 23 of 30 stores announced for closure were not closed, and the strategy had been the subject of extensive internal documentation including weekly updates to senior officers, it was objectively likely that formal decisions not to pursue the strategy existed and had not been disclosed.
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