Federal Court of Australia
Federal Court of Australia
Goldus Pty Ltd (Subject to a Deed of Company Arrangement) v Cummins (No 5) [2021] FCA 1352 File number: NSD 461 of 2020
Judgment of: COLVIN J
Date of judgment: 3 November 2021
Catchwords: CORPORATIONS - application for further declaratory relief - where plaintiff and cross-claimant entered into joint venture agreement to carry out exploration and mining for alluvial minerals on mining tenements - where determined mining tenements held by plaintiff not property of joint venture - where determined plaintiff relinquished rights and interest under joint venture agreement - whether to direct plaintiff to execute notice notifying Mining Registrar of relinquishment of right and interest under joint venture agreement and setting out entitlements of cross-claimant - where notice proposed by cross-claimant seeks to record interpretation of provisions of joint venture agreement not in issue in proceedings COSTS - determination of appropriate costs order where mixed success by parties - whether orders as to sum of security for costs paid into Court by plaintiff - whether to order provision of payment of costs of taking delivery of equipment where no claim previously made - where cross-claimant successful in application for declaratory relief as to security interest in equipment - no order as to costs in principal proceedings
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Mining Act 1971 (SA) s 15AG
Cases cited: El-Debel v Micheletto (Trustee) (No 2) [2021] FCAFC 146 Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2015] HCA 53 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Goldus Pty Ltd (Subject to a Deed of Company Arrangement) v Cummins (No 4) [2021] FCA 1095 Kazar (Liquidator) v Kargarian; In the matter of Frontier Architects Pty Ltd (In Liq) [2011] FCAFC 136; (2011) 197 FCR 113 Northern Territory v Sangare [2019] HCA 25 RnD Funding Pty Limited v Goldus Pty Limited (Subject to a Deed of Company Arrangement) [2021] FCA 1096
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