The J. Aron Corporation & Anor v Newmont Yandal Operations Pty Ltd & 2 Ors [2005] NSWSC 182

New South Wales Supreme Court

CITATION : The J. Aron Corporation & Anor v Newmont Yandal Operations Pty Ltd & 2 Ors [2005] NSWSC 182

HEARING DATE(S) : 11/02/05

JUDGMENT DATE : 11 March 2005

Equity Division JURISDICTION : Corporations List

JUDGMENT OF : Barrett J

DECISION : Order that costs of defendants of and incidental to unsuccessful application for interlocutory injunction be paid by plaintiffs, such costs to be assessed on the indemnity basis. Order that costs of defendants and of persons heard by leave of and incidental to hearings on costs be paid by plaintiffs.

CATCHWORDS : PROCEDURE - costs - whether, on new evidence, possibility of different result of interlocutory application shown such as to affect outcome on costs - whether persons granted leave to be heard under rule 2.13 of Supreme Court (Corporations) Rules 1999 should be awarded costs - whether foreign corporation seeking interlocutory injunction but unable to show financial substance or instructions to give undertaking as to damages should be ordered to pay indemnity costs

Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1 Hotline Communications Ltd v Hinkley [1999] VSC 74 J Aron & Company v Newmont Yandal Operations Pty Ltd (2003) 47 ACSR 243 CASES CITED : J Aron Corporation v Newmont Yandal Operations Pty Ltd (2004) 183 FLR 90 Knight v F P Special Assets Ltd (1992) 174 CLR 178 Oshlak v Richmond River Council (1988) 193 CLR 72 Re Pan Pharmaceuticals Ltd; Selim v McGrath [2004] 48 ACSR 681

The J. Aron Corporation and The Goldman Sachs Group, Inc - Plaintiffs Newmont Yandal Operations Pty Ltd - First Defendant PARTIES : Clynton Court Pty Ltd (subject to a deed of company arrangement) - Second Defendant Mark Anthony Korda and Mark Francis Xavier Mentha - Third Defendants The Companies Listed in Schedule 1 (As set out in the Amended Statement of Claim) - Fourth Defendants