Gold and Copper Resources Pty Ltd v Newcrest Operations Ltd [2013] NSWSC 345

Gold and Copper Resources Pty Ltd v Newcrest Operations Ltd [2013] NSWSC 345

GCR was entitled to nominal damages because Newcrest Operations breached the Confidentiality Agreement, but declaratory relief was refused because nominal damages sufficiently vindicated GCR's rights, the declaration had no utility, and it would misleadingly suggest practical success despite GCR's failure to prove causation or substantive remedy. Although GCR succeeded on liability issues, it failed on causation and remedy, which were central issues, and Newcrest's defence was not improper or unreasonable; accordingly costs followed the overall event in favour of the defendants.

Jurisdiction
Australia
Judgment Date
11 April 2013
Procedural Posture
Equity Division Commercial List Proceedings Concerning Breach of Contract, Confidentiality, Misleading or Deceptive Conduct, Damages and Costs / Reasons for Orders Varying Dismissal, Awarding Nominal Damages and Determining Costs After Judgment
Outcome
Orders of 2 April 2013 set aside; judgment for the plaintiff against the first defendant for $100; declaration refused; Amended Summons otherwise dismissed with costs.
Legal Topics
['nominal Damages for Breach of Contract' 'confidentiality Agreement' 'declaratory Relief' 'costs Following the Event' 'misleading or Deceptive Conduct' 'causation and Loss']
['contract Law' 'equity' 'costs' 'consumer Protection'] ['nominal Damages for Breach of Contract' 'confidentiality Agreement' 'declaratory Relief' 'costs Following the Event' 'misleading or Deceptive Conduct' 'causation and Loss']

Case Brief

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Procedural Posture

Equity Division Commercial List Proceedings Concerning Breach of Contract, Confidentiality, Misleading or Deceptive Conduct, Damages and Costs / Reasons for Orders Varying Dismissal, Awarding Nominal Damages and Determining Costs After Judgment

Legal Issues

  1. 1 ['Whether the orders dismissing the proceedings should be set aside under UCPR r 36.16 (3A).' 'Whether the plaintiff should receive a declaration that the first defendant breached the Confidentiality Agreement by making the Statements to the Department.' 'Whether the plaintiff was entitled to nominal damages for breach of the Confidentiality Agreement.' 'What order should be made for the costs of the proceedings where the plaintiff succeeded on liability but failed on causation and substantive remedy.']

Ratio Decidendi

GCR was entitled to nominal damages because Newcrest Operations breached the Confidentiality Agreement, but declaratory relief was refused because nominal damages sufficiently vindicated GCR's rights, the declaration had no utility, and it would misleadingly suggest practical success despite GCR's failure to prove causation or substantive remedy. Although GCR succeeded on liability issues, it failed on causation and remedy, which were central issues, and Newcrest's defence was not improper or unreasonable; accordingly costs followed the overall event in favour of the defendants.

Court Disposition

Orders of 2 April 2013 set aside; judgment for the plaintiff against the first defendant for $100; declaration refused; Amended Summons otherwise dismissed with costs.

Orders

  • ['Pursuant to UCPR r 36.16 (3A) I set aside my orders of 2 April 2013.' 'Judgment for the plaintiff against the first defendant in the sum of $100.' 'Each party pay its own costs of the motion of 4 April 2013.' 'The Amended Summons is otherwise dismissed with costs.']