Gold and Copper Resources Pty Ltd v Minister for Resources and Energy [2014] NSWLEC 33

Land and Environment Court New South Wales

Medium Neutral Citation: Gold and Copper Resources Pty Ltd v Minister for Resources and Energy [2014] NSWLEC 33 Hearing dates: 3 April 2014 Decision date: 09 April 2014 Jurisdiction: Class 8 Before: Craig J Decision: 1. Direct that the parties bring in short minutes of order consistent with these reasons for judgment. 2. Costs may be argued. 3. Exhibits may be returned. Catchwords: PRACTICE AND PROCEDURE - leave to amend pleadings - challenge to validity of mining leases - whether amending legislation denied the ground of challenge - principles applicable to amendment - whether challenge fairly arguable - amendment raised question of statutory interpretation - appropriate to determine question finally as not demonstrating a claim that was fairly arguable - additional grounds of challenge added by amendment - limited basis upon which amendment allowed to allege failure to take into account a relevant consideration Legislation Cited: Civil Procedure Act 2005 (NSW) Mining Act 1992 (NSW) Mining Amendment (Development Consent) Act 2013 (NSW) Mining (General) Regulation 1997 (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd [2013] NSWLEC 122 Blue Mountains Conservation Society Inc v Delta Electricity (No 3) [2011] NSWLEC 145; 81 NSWLR 407 Cement Australia Pty Ltd v Australian Competition and Consumer Commission [2010] FCAFC 101; 187 FCR 261