International Litigation Partners Pte Ltd v Chameleon Mining NL (Receivers and Managers Appointed) [2012] HCA 45

HIGH COURT OF AUSTRALIA

FRENCH CJ, GUMMOW, HEYDON, CRENNAN AND BELL JJ

INTERNATIONAL LITIGATION PARTNERS PTE LTD APPELLANT

AND

CHAMELEON MINING NL (RECEIVERS AND MANAGERS APPOINTED) & ORS RESPONDENTS

International Litigation Partners Pte Ltd v Chameleon Mining NL (Receivers and Managers Appointed) [2012] HCA 45 5 October 2012 S362/2011

ORDER

1. Appeal allowed.

2. Set aside orders 2, 3, 6, 7, 9 and 10 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 3 June 2011, save for so much of order 9 as relates to the costs of the appeal to that Court, and, in their place, order that:

(a) judgment in the sum of $8,381,144.30 be entered for the appellant against the first respondent;

(b) the first respondent pay interest on the judgment sum of $8,381,144.30 to the appellant as follows:

(i) pursuant to s 100 of the Civil Procedure Act 2005 (NSW), the first respondent pay interest on the judgment sum from 10 August 2010, being the date on which the Early Termination Fee became payable, up to the date of entry of judgment; and

(ii) pursuant to s 101 of the Civil Procedure Act 2005 (NSW), the first respondent pay interest on the judgment sum from the date of entry of judgment up to the date of payment.

3. The first respondent pay the appellant's costs of the appeal to this Court and of the cross-appeal to the Court of Appeal.

4. The security provided by the appellant, as a condition of the grant of special leave to appeal given by this Court on 28 October 2011, be released.

On appeal from the Supreme Court of New South Wales

Representation

B W Walker SC with R C A Higgins for the appellant (instructed by Ashurst Australia)

J T Gleeson SC with M A Jones SC and M L Bennett for the first respondent (instructed by Swaab Attorneys)

C R C Newlinds SC with J C Giles for the second respondent (instructed by Lavan Legal)