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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether order 3 in the Principal Judgment should be varied by adding the words '(other than order 3)'
- 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.
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