Minister for Resources and Energy v Gold and Copper Resources Pty Ltd (No 2) [2015] NSWCA 188

Minister for Resources and Energy v Gold and Copper Resources Pty Ltd (No 2) [2015] NSWCA 188

Order 3 made by the Court on 4 May 2015 should be varied by adding the words '(other than order 3)' because the Principal Judgment did not specifically address the primary Judge's order 3 regarding costs and there is no basis for setting aside that costs order.

Parties
Applicant: Minister for Resources and Energy; First Respondent: Gold and Copper Resources Pty Limited; Second Respondent: Newcrest Mining Limited
Jurisdiction
Australia
Judgment Date
08 July 2015
Procedural Posture
Appeal / Post Judgment Application to Vary Costs Orders
Outcome
Order 3 made by the Court on 4 May 2015 varied by adding the words '(other than order 3)'. No order as to costs of the motions.
Legal Topics
Costs, Variation of Judgments, Uniform Civil Procedure Rules

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Parties

Minister for Resources and Energy

Applicant

Gold and Copper Resources Pty Limited

First Respondent

Newcrest Mining Limited

Second Respondent

Procedural Posture

Appeal / Post Judgment Application to Vary Costs Orders

  1. 1 Whether order 3 in the Principal Judgment should be varied by adding the words '(other than order 3)'
  2. 2 Whether costs order made by the primary Judge on 17 September 2014 should be set aside

Ratio Decidendi

Order 3 made by the Court on 4 May 2015 should be varied by adding the words '(other than order 3)' because the Principal Judgment did not specifically address the primary Judge's order 3 regarding costs and there is no basis for setting aside that costs order.

Court Disposition

Order 3 made by the Court on 4 May 2015 varied by adding the words '(other than order 3)'. No order as to costs of the motions.

Orders

  • Vary order 3 made by the Court on 4 May 2015 by adding the words '(other than order 3)'.
  • No order as to the costs of the motions filed by the Minister and Newcrest.