› Whether reasonable grounds to suspect market manipulation
› Whether appropriate to exercise discretion
› Rules of the Supreme Court 1971 (WA), O 26A r 3
Quick Take
1Where there are reasonable grounds for suspecting market manipulation has occurred, it is in the interests of justice that an applicant be provided with documents via pre-action discovery to enable it to identify potential parties and take action in respect of the wrong complained of.
2On the facts, the court was satisfied the plaintiff may have a cause of action for market manipulation and that the defendant held information capable of identifying the unknown bidders, justifying the exercise of discretion under O 26A r 3 of the Rules of the Supreme Court 1971 (WA).
