Adani Mining is engaged in litigation against Mr. Pennings, alleging that his actions – including an electronic campaign and direct action-persuaded Downer EDI Limited (Downer) to terminate negotiations with Adani regarding the Carmichael Mine project in late 2017.
Adani served two notices of non-party disclosure on Downer, seeking production of documents relevant to the case. Downer objected to both notices, citing the burden, lack of particularity, relevance, and claims of privilege and confidentiality. The objections stayed the notices, requiring court intervention. Adani applied to lift the stay on the second notice and compel Downer to produce documents.
The court examined the proper scope of non-party disclosure under the Uniform Civil Procedure Rules 1999 (UCPR), emphasizing that non-parties should not bear the same disclosure burdens as parties to litigation.
This judgment reinforces the principle that non-party disclosure should not impose excessive burdens on third parties. Requests must be specific, targeted, and directly relevant to the issues in dispute, avoiding “drag netting” and instead focusing on “spear fishing” for necessary documents.
Matthew Hickey OAM KC appeared (leading Schriiffer of Counsel) for Adani, instructed by Rose Litigation Lawyers, and Sam McCarthy appeared for Downer, instructed by Corrs Chambers Westgarth.
The judgment can be read by clicking here
