Goldus Pty Ltd (subject to deed of company arrangement) v Australian Mining Pty Ltd (receivers and managers appointed) [2023] FCAFC 27

Federal Court of Australia

Goldus Pty Ltd (subject to deed of company arrangement) v Australian Mining Pty Ltd (receivers and managers appointed) [2023] FCAFC 27 Appeal from: Goldus Pty Ltd (Subject to Deed of Company Arrangement) v Cummins (No 4) [2021] FCA 1095 Goldus Pty Ltd (Subject to Deed of Company Arrangement) v Cummins (No 5) [2021] FCA 1352 RnD Funding Pty Ltd v Goldus Pty Ltd (Subject to Deed of Company Arrangement) [2021] FCA 1096

File numbers: NSD 1248 of 2021 NSD 1264 of 2021

Judgment of: BEACH, DERRINGTON AND HALLEY JJ

Date of judgment: 9 March 2023

Catchwords: CORPORATIONS – gold mining joint venture – construction of joint venture agreement – operation and construction of deed of company arrangement – property of joint venture – whether mining tenements property of joint venture – relinquishment of interest in joint venture – whether termination of joint venture agreement – ownership of mining equipment – whether mining equipment subject to a security interest – appeals dismissed

Legislation: Corporations Act 2001 (Cth) Part 5.3A

Cases cited: Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603 Hillas & Co Ltd v Arcos Ltd (1932) 147 LT 503 Jadwan Pty Ltd v Rae & Partners (a firm) (2020) 278 FCR 1 Mann v Mann (1957) 97 CLR 433 MYT Engineering Pty Ltd v Mulcon Pty Ltd (1999) 195 CLR 636