Aitken Mount Capital Partners Pty Ltd v Minemet Recycling Group Pty Ltd [2024] NSWSC 1377

Supreme Court New South Wales

Medium Neutral Citation: Aitken Mount Capital Partners Pty Ltd v Minemet Recycling Group Pty Ltd [2024] NSWSC 1377 Hearing dates: On the papers; submissions received 28 October 2024 Date of orders: 29 October 2024 Decision date: 30 October 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Orders made for preliminary discovery Catchwords: CIVIL PROCEDURE – preliminary discovery – whether plaintiff may have cause of action against the defendants – whether plaintiff does not have sufficient information to make decision whether to commence proceedings Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Arnaout v Arnaout [2019] NSWSC 565 O'Connor v O'Connor [2018] NSWCA 214 Tabcorp Holdings Ltd v Entain Group Pty Ltd [2023] NSWSC 220 Category: Procedural rulings Parties: Aitken Mount Capital Partners Pty Ltd (Applicant) Minemet Recycling Group Pty Ltd (Prospective Defendant) Representation: Counsel: N Furlan (Plaintiff)

Solicitors: HWL Ebsworth (Plaintiff) File Number(s): 2024/306897

JUDGMENT 1. By Summons filed on 20 August 2024, the applicant, Aitken Mount Capital Partners Pty Ltd ("Aitken") seeks orders for preliminary discovery against the prospective defendant, Minemet Recycling Group Pty Ltd ("Minemet") under rule 5.3(1) of the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"). 2. Minemet neither consents nor opposes the relief sought by the Summons and is content for the Court to consider the merits of the application on the basis of the material filed by Aitken. 3. There is no dispute about the relevant background. It is described in the submissions of Mr Furlan, who appeared for Aitken. What follows, as to that background, is drawn with gratitude from those submissions.