International Litigation Partners Pte Ltd v Chameleon Mining NL (No 2) [2011] NSWCA 141

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: International Litigation Partners Pte Ltd v Chameleon Mining NL (No 2) [2011] NSWCA 141 Hearing dates: On the papers Decision date: 03 June 2011 Before: Young JA Decision: Appeal dismissed with costs. Cross-appeal allowed with costs. Declaration that first respondent validly rescinded Funding Agreement. Consequential orders as first respondent's short minutes of order. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CORPORATIONS- powers of ASIC- short minutes were to be filed in consequence of a successful cross-appeal- ASIC issued an instrument which varied the list of exemptions from sections of the Corporations Act (Cth) including a section relevant to the cross-appeal- what is the effect of the instrument on the Court's orders?- whether an ASIC instrument can retrospectively alter exemptions- instrument did not have retrospective effect and it is doubtful whether ASIC can make a retrospective instrument. Legislation Cited: Corporations Act 2001 (Cth), ss 601QA, 962, 1020F Cases Cited: Brookfield Multiplex Ltd v International Litigation Funding Partners Pte Ltd (No 2) [2009] FCAFC 182; 76 ACSR 323 Category: Consequential orders Parties: International Litigation Partners Pte Ltd (Appellant) Chameleon Mining NL (First Respondent) Cape Lambert Resources Limited (Second Respondent) Representation: B Walker SC and R C Higgins (Appellant) T Bathurst QC and M A Jones (First Respondent) C R C Newlinds SC and J C Giles (Second Respondent) Blake Dawson (Appellant) Swaab Attorneys (First Respondent) Lavan Legal (Second Respondent) File Number(s): CA 2010/267410