Summary

Introduction

1. This is an application for pre-action discovery. The plaintiff (Sundance) considers it may have causes of action against the first defendant (AustSino) and one of its directors, the second defendant (Mr Ding) arising out of their involvement in a substantial resources project developed by Sundance in Africa. Sundance maintains that it has not been able to obtain sufficient information to make a decision as to whether to commence proceedings. On that basis Sundance seeks orders that the defendants discover the documents to which I refer later in these reasons.

2. The defendants oppose the application on the ground that Sundance has not discharged the burden of showing that it may have the causes of action it has identified for the purposes of the application. Alternatively, the defendants argue that the categories of documents sought by Sundance are too broad.

3. For the reasons developed below orders for pre-action discovery should be made.

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