Gold & Copper Resources Pty Ltd v Minister for Resources & Energy & Anor [2014] NSWLEC 169

Gold & Copper Resources Pty Ltd v Minister for Resources & Energy & Anor [2014] NSWLEC 169

The proceedings should be dismissed for want of prosecution and breach of court orders, with a term that the applicant may not commence further proceedings for the same cause of action. The court has power to impose such terms on leave to discontinue or upon dismissal. Indemnity costs are appropriate from the date following an unaccepted offer of compromise, save for costs incurred solely relating to the challenge under s 65(2) of the Mining Act, for which there will be no order as to costs.

Parties
Applicant: Gold & Copper Resources Pty Ltd; 1st Respondent: Minister for Resources & Energy; 2nd Respondent: Cadia Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
10 October 2014
Procedural Posture
Application for Declarations and Injunctions (judicial Review/civil Proceedings) / Dismissal Following Withdrawal and Application for Leave to Discontinue
Outcome
Dismissal of proceedings for want of prosecution and breach of orders, with term restraining applicant from further proceedings on same cause of action; costs orders as specified.
Legal Topics
Leave to Discontinue Proceedings, Terms Restricting Further Proceedings, Dismissal for Want of Prosecution, Costs Following Dismissal, Indemnity Costs, Offers of Compromise
Practice and Procedure Mining Law Civil Procedure Costs Leave to Discontinue Proceedings Terms Restricting Further Proceedings Dismissal for Want of Prosecution Costs Following Dismissal +2 more

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Parties

Gold & Copper Resources Pty Ltd

Applicant

Minister for Resources & Energy

1st Respondent

Cadia Holdings Pty Ltd

2nd Respondent

Procedural Posture

Application for Declarations and Injunctions (judicial Review/civil Proceedings) / Dismissal Following Withdrawal and Application for Leave to Discontinue

Legal Issues

  1. 1 Whether the court has power to grant leave to discontinue on terms limiting further proceedings
  2. 2 Appropriate terms as to costs on leave to discontinue or dismissal
  3. 3 Whether proceedings should be dismissed for want of prosecution and breach of orders

Ratio Decidendi

The proceedings should be dismissed for want of prosecution and breach of court orders, with a term that the applicant may not commence further proceedings for the same cause of action. The court has power to impose such terms on leave to discontinue or upon dismissal. Indemnity costs are appropriate from the date following an unaccepted offer of compromise, save for costs incurred solely relating to the challenge under s 65(2) of the Mining Act, for which there will be no order as to costs.

Court Disposition

Dismissal of proceedings for want of prosecution and breach of orders, with term restraining applicant from further proceedings on same cause of action; costs orders as specified.

Orders

  • Orders 1 and 2 of 9 October 2014 discharged.
  • Applicant's Notice of Motion dated 1 October 2014 dismissed with costs.