Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2012] FCA 290

FEDERAL COURT OF AUSTRALIA

Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2012] FCA 290 Citation: Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2012] FCA 290

Parties: ALLIANCE CRATON EXPLORER PTY LTD ACN 095 337 385 v QUASAR RESOURCES PTY LTD ACN 101 227 070 and HEATHGATE RESOURCES PTY LTD ACN 011 018 232

File number: VID 551 of 2010

Judge: MANSFIELD J

Date of orders: 26 March 2012

Date of judgment: 4 April 2012

Date of hearing: 4 March 2011, 12 May 2011, 31 August 2011

Place: Adelaide

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 76

Counsel for the Applicant: Mr RJ Whitington QC and Mr R. Keen

Solicitor for the Applicant: Finlaysons

Counsel for the First Respondent: Mr M. Hoffmann QC

Solicitor for the First Respondent: Minter Ellison Lawyers

Counsel for the Second Respondent: Mr R. Dick SC and Mr J Williams

Solicitor for the Second Respondent: Freehills

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION VID 551 of 2010

BETWEEN: ALLIANCE CRATON EXPLORER PTY LTD ACN 095 337 385

Applicant

AND: QUASAR RESOURCES PTY LTD ACN 101 227 070

First Respondent

HEATHGATE RESOURCES PTY LTD ACN 011 018 232

Second Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 26 MARCH 2012 WHERE MADE: ADELAIDE

IN RELATION TO THE APPLICATION FOR THE RESPONDENT TO ANSWER INTERROGATORIES, THE COURT ORDERS THAT: 1. No order is made in respect of the proposed interrogatories. 2. The application is stood over to a date to be fixed, with the applicant to have liberty to re-apply for an order that the respondents answer further particular interrogatories. Such application is to be made on 14 days notice. 3. Costs of the application are reserved with liberty to any party to apply for costs of the application to date, by filing and serving within 21 days of publication of reasons for Order 1 hereof a written submission specifying the orders sought and the submissions in support of it and any other party may then within a further period of 21 days file and serve written submissions in response and the party or parties applying for costs may within a further 14 days file and serve written submissions strictly in reply, to the intent that the costs of the application to date will then be determined on the papers. 4. The time within which any application for leave to appeal from Orders 1 to 3 hereof shall run until 2 May 2012. IN RELATION TO APPLICATION FOR PARTICULAR DISCOVERY, THE COURT ORDERS THAT: 5. The respondents and each of them within 49 days from the making of this order on such further claim as the Court may allow, do make particular further discovery of any documents which they or either of them have not yet discovered which concern the prospectivity of the Paralana Plains area, including in relation to tenements adjacent to the Tenement (EL 2874), and which comprise: 5.1 documents which came into existence between 30 August 2002 and 30 August 2004 recording data which the first respondent considered in determining the nature and extent of its exploratory drilling program to search for sedimentary-hosted uranium mineralisation in the Paralana Plains area including but not limited to ground based surveys; 5.2 documents recording the information obtained by the first respondent as a result of the drilling program conducted by it or the second respondent in the Paralana Plains area in the period of about August 2004; 5.3 documents passing between the first respondent and the second respondent in the period between May 2004 and 13 October 2004 in which one respondent conveyed to the other respondent views about the prospectivity of the Tenement. 6. The respondents have liberty to apply for orders confining the extent in which the documents may be inspected by the applicant or its legal advisors or representatives, provided such application is made by notice given at the time of the provision of the further discovery. 7. Cost of the application for further discovery are reserved with liberty to any party to apply for costs of the application to date, by filing and serving within 21 days of publication of reasons for Order 5 hereof a written submission specifying the orders sought and the submissions in support of it and any other party may then within a further period of 21 days file and serve written submissions in response and the party or parties applying for costs may within a further 14 days file and serve written submissions strictly in reply, to the intent that the costs of the application to date will then be determined on the papers. 8. The time within which any application for leave to appeal from Orders 5 to 7 hereof shall run until 2 May 2012. 9. Liberty to any party to apply to determine whether the particular documents specified by the applicant in its submissions in reply fall within the documents referred to in Order 5 hereof, such liberty to be exercised on reasonable notice to the other party. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.