Port Binnli Pty Ltd v North Queensland Bulk Ports Corporation Limited [2020] FCA 1843

Federal Court of Australia

Port Binnli Pty Ltd v North Queensland Bulk Ports Corporation Limited [2020] FCA 1843 File number(s): QUD 937 of 2018

Judgment of: GREENWOOD J

Date of judgment: 21 December 2020

Catchwords: PRACTICE AND PROCEDURE – consideration of aspects of discovery and the delivery of expert reports and a mechanism adopted to determining whether information was provided to an expert which might be thought to give rise to a conflict of interest notwithstanding that the expert is satisfied that no conflict arises

Legislation: Federal Court of Australia Act 1976 (Cth), s 37P

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 19

Date of hearing: 18 December 2020

Counsel for the Plaintiffs: Mr G Handran QC

Solicitor for the Plaintiffs: McBride Legal

Counsel for the Defendant: Mr E Goodwin

Solicitor for the Defendant: Allens

ORDERS QUD 937 of 2018

BETWEEN: PORT BINNLI PTY LTD ACN 062 169 751 First Plaintiff

MACKAY MARINA PTY LTD ACN 076 840 643 Second Plaintiff

AND: NORTH QUEENSLAND BULK PORTS CORPORATION LIMITED ACN 136 800 218 Defendant

order made by: GREENWOOD J DATE OF ORDER: 21 DECEMBER 2020

THE COURT ORDERS THAT:

1. In accordance with Orders 6(b) and 7 of the orders made on 5 June 2020, the parties undertake discovery as follows: (a) by 5 February 2021, the defendant deliver to the plaintiffs: (i) its proposal for the scope of its discovery; and (ii) its proposed document management protocol; (b) by 12 February 2021, the plaintiffs deliver their response to the defendant's proposals in paragraph 1(a) above; (c) in the event that the defendant does not accept some or all of the plaintiffs' response: (i) the parties confer and attempt to agree the scope of the defendant's discovery and a document management protocol by 19 February 2021; (ii) by 26 February 2021, the defendant file and serve any application and supporting affidavit material in respect of its discovery and document management protocol in relation to the application contemplated by para 1(c)(iii); and (iii) any application in respect of discovery and document management and the document management protocol be listed for hearing on 5 March 2021 at 9.30am; (d) in the event that the defendant accepts the plaintiffs' response in respect of discovery and the document management protocol: (i) the parties exchange discovery by 26 March 2021; and (ii) the proceeding be listed for a case management hearing on 30 March 2021 at 9.30am. 2. The defendant is directed to send a letter as described at [14] and [15] of the reasons published with these orders. 3. Costs be costs in the proceeding. 4. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.