Newcrest Mining Limited v Apache Northwest Pty Ltd (No 2) [2008] FCA 1663

FEDERAL COURT OF AUSTRALIA

Newcrest Mining Limited v Apache Northwest Pty Ltd (No 2) [2008] FCA 1663

Federal Court Rules O 15A Newcrest Mining Limited v Apache Northwest Pty Ltd [2008] FCA 1527 referred to Cappuccio v Australia & New Zealand Banking Group Ltd [1999] FCA 1188 followed C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864 distinguished NEWCREST MINING LIMITED (ABN 20 005 683 625) v APACHE NORTHWEST PTY LTD (ABN 58 009 140 854) and SANTOS (BOL) PTY LTD (ABN 35 000 670 575)

VID 742 of 2008

TRACEY J

7 NOVEMBER 2008

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 742 of 2008

BETWEEN: NEWCREST MINING LIMITED (ABN 20 005 683 625)

Applicant

AND: APACHE NORTHWEST PTY LTD (ABN 58 009 140 854)

First Respondent

SANTOS (BOL) PTY LTD (ABN 35 000 670 575)

Second Respondent

JUDGE: TRACEY J

DATE OF ORDER: 7 NOVEMBER 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The date for compliance with Order 1 of the orders made by Tracey J on 17 October 2008 ("the preliminary discovery order") (as varied by the order of Middleton J on 30 October 2008) be further extended to 28 November 2008. 2. If a proceeding in this Court between the applicant and the first respondent for claims arising out of or in relation to the Gas Supply Agreement made on 10 August 2004 between the applicant and the first and second respondents ("Gas Supply Agreement") or the supply of gas pursuant to that agreement, and/or the explosion on Varanus Island on 3 June 2008 and/or the first respondent's conduct in relation to the supply of gas to the applicant following that explosion, is commenced within six weeks after the date upon which the applicant inspects the documents enumerated in the first respondent's verified list of documents made pursuant to the preliminary discovery order, the first respondent's costs of complying with the preliminary discovery order shall be costs in that proceeding. 3. If a proceeding between the applicant and the first respondent is not commenced in this Court within the period set out in Order 2 hereof, the applicant shall pay the first respondent's costs of complying with the preliminary discovery order. 4. Each document produced by the first respondent which is referred to in the first respondent's verified list of documents as being confidential will bear the following notice: "CONFIDENTIAL: This document is confidential and is subject to a confidentiality undertaking given to the Federal Court of Australia". 5. Subject to further order, access by the applicant or its representatives to each document (or part thereof) referred to in the first respondent's verified list of documents as being confidential and marked in accordance with Order 4 hereof will be subject to the terms of the confidentiality regime set out in the attached Annexure. 6. On or before 5 December 2008, the first respondent will make available for inspection by the applicant (or, in the case of documents or parts of documents the subject of the confidentiality regime referred to in Order 5 hereof, the applicant's representatives permitted access under the confidentiality regime) all of the documents referred to in the first respondent's verified list of documents. 7. Costs be reserved. 8. The further hearing of the applicant's application be adjourned sine die. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.