Federal Court of Australia
Federal Court of Australia
Energy Resources of Australia Ltd v Minister for Resources and Minister for Northern Australia (Cth) (Intervention Application) [2024] FCA 1233 File number: NSD 1056 of 2024
Judgment of: KENNETT J
Date of judgment: 22 October 2024
Date of publication of reasons: 23 October 2024
Catchwords: CORPORATIONS – application for leave to intervene under Pt 2F.1A of the Corporations Act 2001 (Cth) – where proposed interveners would make additional submissions on behalf of company – where proposed additional submissions considered and rejected by lawyers duly retained by company – whether ss 236-237 contemplate intervention for the purpose of making additional submissions – whether ss 236-237 contemplate intervention to seek additional remedies on behalf of company – whether intervention in company's best interests – whether leave should be granted
Legislation: Atomic Energy Act 1953 (Cth) Corporations Act 2001 (Cth) ss 198A, 236, 237, 241 Federal Court Rules 2011 (Cth) r 9.12 Mineral Titles Act 2010 (NT) ss 43, 68, 187, 203 Mining Act (NT)
Cases cited: Ao Qing Investment Pty Ltd v 52 Lord St East Perth Pty Ltd [2022] FCA 743 Margarula v Minister for Resources and Energy (1998) 86 FCR 195 Margarula v Minister for Resources and Energy (unreported, 11 February 1998) South Johnstone Mill Ltd v Dennis [2007] FCA 1448; 163 FCR 343 Swansson v R A Pratt Properties Pty Ltd [2002] NSWSC 583; 42 ACSR 313
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