Gold and Copper Resources Pty Limited v Newcrest Mining Limited [2014] NSWLEC 148

Gold and Copper Resources Pty Limited v Newcrest Mining Limited [2014] NSWLEC 148

The sole ground pleaded in the applicant's summons for judicial review is barred by issue estoppel and Anshun estoppel, as that ground was, or could reasonably have been, determined in earlier proceedings; however, the court has power under UCPR r 59.9 to order the respondent Minister to provide a statement of reasons to support transparency and to allow identification of any further, as yet unpleaded, grounds, despite the procedural posture; accordingly, paragraphs 29 to 32 of the summons are struck out and the Minister is ordered to provide reasons.

Jurisdiction
Australia
Judgment Date
17 September 2014
Procedural Posture
Interlocutory Applications / Motion for Summary Dismissal/strike Out and Motion for Statement of Reasons Under UCPR R 59.9
Outcome
Paragraphs 29 to 32 of the summons struck out; Minister to provide statement of reasons; costs to respondents; directions hearing set.
Legal Topics
['judicial Review' 'estoppel (issue and Anshun)' 'mining Exploration Licence Renewal' 'provision of Statement of Reasons' 'strike Out Applications' 'practice and Procedure']
['administrative Law' 'mining Law' 'civil Procedure'] ['judicial Review' 'estoppel (issue and Anshun)' 'mining Exploration Licence Renewal' 'provision of Statement of Reasons' 'strike Out Applications' 'practice and Procedure']

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Procedural Posture

Interlocutory Applications / Motion for Summary Dismissal/strike Out and Motion for Statement of Reasons Under UCPR R 59.9

Legal Issues

  1. 1 ["Whether issue estoppel or Anshun estoppel bars the applicant's sole ground for judicial review" 'Whether proceeding should be dismissed while a UCPR r 59.9 notice for reasons remains unanswered' 'Whether the court has power to order a statement of reasons under r 59.9 when only barred grounds are pleaded' "If so, whether the court's discretion to grant the order should be exercised"]

Ratio Decidendi

The sole ground pleaded in the applicant's summons for judicial review is barred by issue estoppel and Anshun estoppel, as that ground was, or could reasonably have been, determined in earlier proceedings; however, the court has power under UCPR r 59.9 to order the respondent Minister to provide a statement of reasons to support transparency and to allow identification of any further, as yet unpleaded, grounds, despite the procedural posture; accordingly, paragraphs 29 to 32 of the summons are struck out and the Minister is ordered to provide reasons.

Court Disposition

Paragraphs 29 to 32 of the summons struck out; Minister to provide statement of reasons; costs to respondents; directions hearing set.

Orders

  • ['Paragraphs 29 to 32 of the summons filed 26 June 2014 are struck out.' 'The second respondent (Minister) is to provide to the other parties by 5pm on 1 October 2014 a copy of the decision to grant the renewal of EL 3856 on 17 January 2014 and a statement of reasons for that decision prepared in accordance with r...