JUDGMENT

1 HIS HONOUR: By its notice of motion filed on 23 July 2004, the plaintiff seeks an order that there be no discovery ordered in these proceedings until a question, defined in the notice of motion, is resolved.

2 That question is as follows:

“Whether the Defendant is entitled to allege and seek to prove in these proceedings that the plaintiff performed, purported to perform or intended to perform its obligations under the contracts in a manner which:

(a) was contrary to the public policy and laws of the place of performance, namely, Pakistan;

(b) was contrary to Australian public policy;

by reference to the facts particularised in paragraph 4(b) of the Amended Defence and the matters alleged in paragraph 4(c) of the Amended Defence”.