Chameleon Mining NL v Murchison Metals Limited (No 2) [2011] FCA 400

Chameleon Mining NL v Murchison Metals Limited (No 2) [2011] FCA 400

The referee was appointed notwithstanding the pending stay application because if the stay succeeded, the reference would not proceed until appealed; if the stay failed, the reference would proceed earlier. Costs were awarded against Mr Grimaldi because his stay application was unsuccessful.

Jurisdiction
Australia
Judgment Date
19 April 2011
Procedural Posture
Civil / Post Orders, Interlocutory Application
Outcome
Interlocutory orders granted: referee appointed, costs awarded against Second Respondent.
Legal Topics
['appointment of Referee' 'stay of Orders' 'affidavit Compliance' 'costs']
['civil Procedure'] ['appointment of Referee' 'stay of Orders' 'affidavit Compliance' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Post Orders, Interlocutory Application

Legal Issues

  1. 1 ['Whether a referee should be appointed despite a pending stay application' 'Whether Mr Grimaldi complied with Order 19 regarding affidavit disclosure' 'Who should bear the costs of the stay application']

Ratio Decidendi

The referee was appointed notwithstanding the pending stay application because if the stay succeeded, the reference would not proceed until appealed; if the stay failed, the reference would proceed earlier. Costs were awarded against Mr Grimaldi because his stay application was unsuccessful.

Court Disposition

Interlocutory orders granted: referee appointed, costs awarded against Second Respondent.

Orders

  • ['The Honourable Mr John von Doussa AC QC be appointed referee pursuant to Order 22 of orders of 20 December 2010.' "The Second Respondent pay the costs incurred by the Applicant in opposing the Second Respondent's application for a stay made on 24 February 2011."]