J Aron Corporation & Anor v Newmont Yandal Operations Pty Ltd & Ors [2005] NSWSC 1159

New South Wales Supreme Court

CITATION : J Aron Corporation & Anor v Newmont Yandal Operations Pty Ltd & Ors [2005] NSWSC 1159

HEARING DATE(S) : 11 November 2005

JUDGMENT DATE : 11 November 2005

JURISDICTION : Equity Division

JUDGMENT OF : Palmer J

DECISION : Stay granted.

CATCHWORDS : PRACTICE AND PROCEDURE – STAY – Two sets of proceedings between same parties raise overlapping issues – appeal in one set of proceedings will resolve many of the issues in the other – appeal imminent – trial of other proceedings still distant – whether a stay should be granted pending determination of appeal.

LEGISLATION CITED : Corporations Act 2001 (2001) - s.439C

CASES CITED : J. Aron Corp v Newmont Yandal Operations Pty Ltd [2004] NSWSC 1145

J. Aron Corporation –1st Plaintiff/1st Cross Def Goldman Sachs Group – 2nd Plaintiff/2nd Cross Def Newmont Yandal Operations Pty Ltd (Ad App) – 1st Defendant/3rd Cross Def Mark Anthony Korda (as Admin of 1st Def) – 2nd Def/1st Cross Claimant Mark Francis Xavier Mentha (as Admin of 1st Def) – 3rd Def/2nd Cross Claimant Clynton Court Pty Ltd – 4th Defendant/4th Cross Def Australian Metals Corporations Pty Ltd – 5th Defendant/5th Cross Def Eagle Mining Pty Ltd – 6th Defendant/6th Cross Def Great Central Holdings Pty Ltd – 7th Defendant/7th Cross Def PARTIES : Great Central Investments Pty Ltd – 8th Defendant/8th Cross Def Great Central Mines Pty Ltd – 9th Defendant/9th Cross Def Hunter Resources Pty Ltd – 10th Defendant/10th Cross Def Matlock Castellano Pty Ltd – 11th Defendant/11th Cross Def Matlock Mining Pty Ltd – 12th Defendant/12th Cross Def Newmont Wiluna Gold Pty Ltd – 13th Defendant/13th Cross Def Newmont Wiluna Metals Pty Ltd – 14th Defendant/14th Cross Def Newmont Wiluna Mines Pty Ltd – 15th Defendant/15th Cross Def Quotidian No 117 Pty Ltd – 16th Defendant/16th Cross Def