Gold and Copper Resources Pty Limited v Cadia Holdings Pty Limited [2013] NSWLEC 15

Gold and Copper Resources Pty Limited v Cadia Holdings Pty Limited [2013] NSWLEC 15

Because the relevant parties consented to discontinuance against the second and third respondents on terms as to costs, and agreed to stand over the amendment motion and other interlocutory matters involving the first respondent while further proposed amendments were served, the Court made the consent orders disposing of or standing over the listed matters.

Jurisdiction
Australia
Judgment Date
14 February 2013
Procedural Posture
Class 4 Proceedings / Ex Tempore Judgment on Interlocutory Matters and Directions
Outcome
Consent orders made; proceedings against the second and third respondents discontinued on terms as to costs; amendment motion adjourned; various interlocutory matters stood over or dismissed.
Legal Topics
['discontinuance' 'amendment of Summons and Points of Claim' 'security for Costs' 'costs' 'subpoena and Notice to Produce' 'strike Out']
['practice and Procedure' 'environmental Planning and Mining Law'] ['discontinuance' 'amendment of Summons and Points of Claim' 'security for Costs' 'costs' 'subpoena and Notice to Produce' 'strike Out']

Case Brief

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Procedural Posture

Class 4 Proceedings / Ex Tempore Judgment on Interlocutory Matters and Directions

Legal Issues

  1. 1 ['Whether proceedings against the second and third respondents should be discontinued on terms as to costs.' 'Whether the applicant should have an opportunity to further amend its proposed amended summons and points of claim against the first respondent.' 'How the listed interlocutory motions and directions should be disposed of or stood over.']

Ratio Decidendi

Because the relevant parties consented to discontinuance against the second and third respondents on terms as to costs, and agreed to stand over the amendment motion and other interlocutory matters involving the first respondent while further proposed amendments were served, the Court made the consent orders disposing of or standing over the listed matters.

Court Disposition

Consent orders made; proceedings against the second and third respondents discontinued on terms as to costs; amendment motion adjourned; various interlocutory matters stood over or dismissed.

Orders

  • ["The applicant is to pay the first respondent's costs to date of the applicant's notice of motion filed on 10 December 2013." "The notice of motion filed by the applicant on 10 December 2012 is adjourned to the Registrar's list for mention on 1 March 2013." 'Leave is given to the applicant to serve any further...