Gold and Copper Resources Pty Ltd v The Minister for Resources and Energy [2012] NSWLEC 149

Land and Environment Court New South Wales

Medium Neutral Citation: Gold and Copper Resources Pty Ltd v The Minister for Resources and Energy [2012] NSWLEC 149 Hearing dates: 5 June 2012 Decision date: 06 July 2012 Jurisdiction: Class 8 Before: Craig J Decision: 1. The applicant's notice of motion dated 3 May 2012 is dismissed. 2. The applicant is to pay the costs of each respondent of that notice of motion. 3. The proceedings are listed before the List Judge on Friday 13 July 2012 for directions. 4. Exhibits may be returned. Catchwords: PRACTICE AND PROCEDURE - proceedings challenging validity of determination to renew mining exploration license - motion seeking leave to further amend points of claim - amendment seeking to allege fraudulent misrepresentation - need for particularity and specificity in pleading such a claim - requirement by general law principles even where not a court of strict pleading - failure to plead nexus between alleged fraudulent conduct and the decision sought to be impugned - particulars of fraud otherwise deficient- motion dismissed PRACTICE AND PROCEDURE - history of proceedings - delay - overriding purpose under s 56 of the Civil Procedure Act 1995 - dictates of justice under s 58 of the Civil Procedure Act 1995 - applicant's case not prejudiced by refusing leave to amend points of claim Legislation Cited: Aboriginal Land Rights Act 1983 Civil Procedure Act 2005 Mining Act 1992 Uniform Civil Procedure Rules 2005 Cases Cited: Banque Commerciale SA (In Liq) v Akhil Holdings Ltd [1990] HCA 11; (1990) 169 CLR 279 Brown v Bennett (No 2) (2002) 1 WLR 713; [2002] 2 All ER 273 Martin v State of New South Wales [2011] NSWLEC 50 Martin v State of New South Wales (No 14) [2012] NSWCA 46 Minister Administering the Crown Lands (Consolidation) Act and Western Lands Act v Tweed Byron Aboriginal Land Council (1990) 71 LGRA 201 NAKF v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 730; (2003) 130 FCR 210 Category: Interlocutory applications Parties: Gold and Copper Resources Pty Limited (Applicant)