Gold and Copper Resources Pty Limited v Newcrest Mining Limited (No 2) [2014] NSWLEC 160

Gold and Copper Resources Pty Limited v Newcrest Mining Limited (No 2) [2014] NSWLEC 160

A stay is granted because the subject matter of the proposed appeal would be rendered futile if the statement of reasons were provided before the appeal is heard, and the Minister has acted with sufficient expedition.

Parties
Applicant: Gold and Copper Resources Pty Limited; First Respondent: Newcrest Mining Limited; Second Respondent: Minister for Resources and Energy
Jurisdiction
Australia
Judgment Date
01 October 2014
Procedural Posture
Judicial Review Proceedings / Motion to Stay Orders Pending Appeal; Interlocutory Hearing
Outcome
Stay of Orders 2, 4, and 5 granted pending further order; Minister to file and serve a summons seeking leave to appeal; costs awarded to applicant for this motion.
Legal Topics
Stay of Orders, Judicial Review, Statement of Reasons
Procedure Stay of Orders Judicial Review Statement of Reasons

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Parties

Gold and Copper Resources Pty Limited

Applicant

Newcrest Mining Limited

First Respondent

Minister for Resources and Energy

Second Respondent

Procedural Posture

Judicial Review Proceedings / Motion to Stay Orders Pending Appeal; Interlocutory Hearing

Legal Issues

  1. 1 Should the orders requiring the Minister to provide a statement of reasons and related interlocutory orders be stayed pending an application for leave to appeal?

Ratio Decidendi

A stay is granted because the subject matter of the proposed appeal would be rendered futile if the statement of reasons were provided before the appeal is heard, and the Minister has acted with sufficient expedition.

Court Disposition

Stay of Orders 2, 4, and 5 granted pending further order; Minister to file and serve a summons seeking leave to appeal; costs awarded to applicant for this motion.

Orders

  • The notice of motion of the second respondent filed on 29 September 2014 be heard instanter.
  • Orders 2, 4 and 5 made by Biscoe J on 17 September 2014 be stayed until further order.