Cohen, B., Minister for Arts, Heritage & Environment v Honourable L.F. Bowen [1986] FCA 576

Cohen, B., Minister for Arts, Heritage & Environment v Honourable L.F. Bowen [1986] FCA 576

The applicant failed to demonstrate manifest error or grounds requiring the grant of leave to appeal from the interlocutory judgment; therefore, leave to appeal was refused.

Parties
First Appellant: The Honourable Barry Cohen, Minister for Arts, Heritage and Environment; Second Appellant: The Honourable Lionel Frost Bowen, Attorney-General for the Commonwealth of Australia; Respondent: Peko-Wallsend Limited; Respondent: Peko Exploration Limited; Respondent: Peko-Wallsend Operations Limited; Respondent: Electrolytic Zinc Co. of Australia Limited
Jurisdiction
Australia
Judgment Date
24 November 1986
Procedural Posture
Application for Leave to Appeal / On Appeal From an Interlocutory Judgment
Outcome
Application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Interlocutory Judgment, Costs, Stay of Proceedings
Administrative Law Leave to Appeal Interlocutory Judgment Costs Stay of Proceedings

Case Brief

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Parties

The Honourable Barry Cohen, Minister for Arts, Heritage and Environment

First Appellant

The Honourable Lionel Frost Bowen, Attorney-General for the Commonwealth of Australia

Second Appellant

Peko-Wallsend Limited

Respondent

Peko Exploration Limited

Respondent

Peko-Wallsend Operations Limited

Respondent

Electrolytic Zinc Co. of Australia Limited

Respondent

Procedural Posture

Application for Leave to Appeal / On Appeal From an Interlocutory Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted from the interlocutory judgment of Mr Justice Beaumont

Ratio Decidendi

The applicant failed to demonstrate manifest error or grounds requiring the grant of leave to appeal from the interlocutory judgment; therefore, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal is dismissed.
  • The applicant is to pay the respondents' costs of the application.