Gold and Copper Resources Pty Ltd v Minister for Resources and Energy [2014] NSWLEC 17

Land and Environment Court New South Wales

Medium Neutral Citation: Gold and Copper Resources Pty Ltd v Minister for Resources and Energy [2014] NSWLEC 17 Hearing dates: 26 February 2014 Decision date: 26 February 2014 Jurisdiction: Class 8 Before: Craig J Decision: 1. Refuse application to amend Summons so as to include paragraphs 49 to 53 of the proposed Amended Summons. 2. Orders otherwise as set out in [25]-[26] Catchwords: PRACTICE AND PROCEDURE - leave to amend Summons - further ground challenging validity of mining leases - whether leases purport to sanction past mining purpose activities - whether s 6 of the Mining Act 1992 imposes a constraint upon the Minister's power to grant a mining lease - mining leases granted by the Minister only purport to operate prospectively - whether claim articulated in Amended Summons is fairly arguable - application to amend Summons refused Legislation Cited: Civil Procedure Act 2005 (NSW) Mining Act 1992 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175

Cement Australia Pty Ltd v Australian Competition and Consumer Commission [2010] FCAFC 101; 187 FCR 261

Gold and Copper Resources Pty Limited v Minister for Resources and Energy [2013] NSWLEC 66

Horton v Jones (No 2) (1939) 39 SR (NSW) 305 Category: Procedural and other rulings Parties: Gold and Copper Resources Pty Ltd (Applicant) Minister for Resources and Energy (First respondent) Cadia Holdings Pty Ltd (Second respondent) Representation: A Hemmings (Applicant) M Hill (solicitor) (First respondent) N Williams SC with S Free (Second respondent) Hones La Hood Lawyers (Applicant) I V Knight, Crown Solicitor (First respondent) Allens Linklaters (Second respondent) File Number(s): 80854 of 2013