Gold and Copper Resources Pty Ltd v The Minister for Resources and Energy [2012] NSWLEC 149

Gold and Copper Resources Pty Ltd v The Minister for Resources and Energy [2012] NSWLEC 149

Leave to further amend the Points of Claim to allege fraudulent misrepresentation was refused because the pleading failed to adequately allege a nexus between the purported fraudulent conduct and the decision to renew EL 3856, and lacked necessary particularity and specificity in describing the misrepresentation and its communication to the Minister's delegate.

Parties
Applicant: Gold and Copper Resources Pty Limited; First Respondent: The Minister for Resources and Energy; Second Respondent: Newcrest Mining Limited
Jurisdiction
Australia
Judgment Date
06 July 2012
Procedural Posture
Interlocutory Motion / Application for Leave to Amend Points of Claim
Outcome
Notice of motion dismissed. Applicant to pay costs. Directions for further case management set.
Legal Topics
Pleadings, Fraudulent Misrepresentation, Statutory Interpretation, Judicial Review, Particularity in Fraud Claims, Leave to Amend
Practice and Procedure Mining Law Civil Procedure Pleadings Fraudulent Misrepresentation Statutory Interpretation Judicial Review Particularity in Fraud Claims +1 more

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Parties

Gold and Copper Resources Pty Limited

Applicant

The Minister for Resources and Energy

First Respondent

Newcrest Mining Limited

Second Respondent

Procedural Posture

Interlocutory Motion / Application for Leave to Amend Points of Claim

Legal Issues

  1. 1 Whether leave should be granted to further amend points of claim to allege fraudulent misrepresentation in the renewal of mining exploration licence EL 3856
  2. 2 Whether the proposed pleading of fraud is sufficiently particularized and linked to the impugned decision
  3. 3 Whether delay and procedural history preclude granting of leave

Ratio Decidendi

Leave to further amend the Points of Claim to allege fraudulent misrepresentation was refused because the pleading failed to adequately allege a nexus between the purported fraudulent conduct and the decision to renew EL 3856, and lacked necessary particularity and specificity in describing the misrepresentation and its communication to the Minister's delegate.

Court Disposition

Notice of motion dismissed. Applicant to pay costs. Directions for further case management set.

Orders

  • The applicant's notice of motion dated 3 May 2012 is dismissed.
  • The applicant is to pay the costs of each respondent of that notice of motion.