International Litigation Partners Pte Ltd v Chameleon Mining NL [2011] NSWCA 186

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: International Litigation Partners Pte Ltd v Chameleon Mining NL [2011] NSWCA 186 Hearing dates: 4 July 2011 Decision date: 05 July 2011 Before: Basten JA at 1 Decision: (1) (a) Upon ILP through its counsel giving - (i) the usual undertaking as to damages, and (ii) an undertaking to prosecute expeditiously its current application for special leave to appeal to the High Court and, if leave be granted, its appeal, and (b) on condition that ILP provide security in an amount of $870,000 with respect to the amount payable by way of restitution to Chameleon and in respect of its liability to Chameleon for costs, by paying such amount into an account with a bank incorporated in Australia as agreed between ILP and Chameleon or, failing such agreement, paying such amount into court, in either case, within 14 days of this order - stay the enforcement of orders 7, 8, 9 and 10 (other than so much of order 9 as relates to Cape Lambert) of this Court's orders made on 3 June 2011 until 14 days after the determination of the proceedings in the High Court. (2) ILP be restrained from taking any steps to enforce the charge from Chameleon to ILP dated 28 December 2008 numbered 1752725 as registered on 4 February 2009 until 14 days after the determination of the proceedings in the High Court. (3) The security is to remain in the account or with the court until the determination of the proceedings in the High Court, at which time, if the parties are not able to agree as to its release, application may be made to the Registrar for directions. (4) Order that the costs of the stay application be the respondents' costs in the proceedings in this Court. [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: PROCEDURE - stay - pending application to High Court for special leave to appeal - prospects of success - balance of prejudice.