Apache Northwest Pty Ltd v Newcrest Mining Limited [2008] FCA 1753

Apache Northwest Pty Ltd v Newcrest Mining Limited [2008] FCA 1753

Assuming an arguable basis for the appeal, the Court balanced the burden, cost and workload impact on Apache of preparing the verified list against Newcrest's interest in obtaining the list for possible injunctive relief. Because the verified list did not need to be disclosed before 28 November 2008, after the Full Court hearing, and the stay would operate for only 11 days, the balance favoured granting a stay until 5.00 pm on 21 November 2008.

Jurisdiction
Australia
Judgment Date
10 November 2008
Procedural Posture
Application for Stay Pending Application for Leave to Appeal / Stay Application Before a Single Judge After Referral of the Leave Application, and Any Appeal If Leave Is Granted, to the Full Court
Outcome
Stay granted; costs reserved.
Legal Topics
['stay Pending Appeal' 'leave to Appeal' 'verified List of Documents' 'federal Court Rules']
['civil Procedure' 'appellate Procedure'] ['stay Pending Appeal' 'leave to Appeal' 'verified List of Documents' 'federal Court Rules']

Case Brief

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Procedural Posture

Application for Stay Pending Application for Leave to Appeal / Stay Application Before a Single Judge After Referral of the Leave Application, and Any Appeal If Leave Is Granted, to the Full Court

Legal Issues

  1. 1 ['Whether Order 1 made by Tracey J on 17 October 2008 should be stayed so that Apache need not prepare a verified list of documents before the Full Court hearing on 21 November 2008.']

Ratio Decidendi

Assuming an arguable basis for the appeal, the Court balanced the burden, cost and workload impact on Apache of preparing the verified list against Newcrest's interest in obtaining the list for possible injunctive relief. Because the verified list did not need to be disclosed before 28 November 2008, after the Full Court hearing, and the stay would operate for only 11 days, the balance favoured granting a stay until 5.00 pm on 21 November 2008.

Court Disposition

Stay granted; costs reserved.

Orders

  • ['Order 1 made by Tracey J on 17 October 2008 in this proceeding be stayed until 5.00pm on 21 November 2008.' 'Costs be reserved.']