Damian Clothier KC (leading EL Hoiberg) appeared for the first defendant, instructed by DLA Piper Australia.
This case concerned four interlocutory applications: an application by the plaintiff, Mr Quinlan, for further disclosure by the first defendant, applications by Shell for relief from its obligation to disclose documents in unredacted form and for further disclosure by Mr Quinlan, and an application by the third and fourth defendants for further disclosure by Mr Quinlan.
The Court considered, inter alia, the issue of disclosure under the Document Management Protocol, the power of the Court to order that a party provide further disclosure, and ERM Power Limited/Shell’s disclosure to date. Also considered was whether the redactions made by Shell (in relation to salary and contact details of ERM employees) had a proper basis.
The Court ordered that the first defendant disclose the documents referred to in paragraph 16(a) of the affidavit specified in the orders of Cooper J, within seven days of the date of the judgment. Otherwise, it was ordered that the plaintiff’s application for relief, specified in the further amended application, be dismissed. The parties will be heard as to costs.
The judgment can be read by clicking here
