Gold & Copper Resources Pty Ltd v Minister for Resources & Energy & Anor [2014] NSWLEC 169

Land and Environment Court New South Wales

Medium Neutral Citation: Gold & Copper Resources Pty Ltd v Minister for Resources & Energy & Anor [2014] NSWLEC 169 Hearing dates: 9 October 2014 Decision date: 10 October 2014 Jurisdiction: Class 8 Before: White J Decision: Refer to paras [54], [56] and [61] of judgment. Catchwords: PRACTICE AND PROCEDURE - application for leave to discontinue - whether court has power to grant leave to discontinue on terms limiting further proceedings - leave to discontinue granted on terms - where applicant not prepared to discontinue on such terms - where hearing proceeded and applicant withdrew from contest without explanation - dismissal of proceedings for want of due despatch and breach of court orders - dismissal of proceedings on terms - UCPR r 12.7 - Civil Procedure Act 2005 (NSW) s 91; COSTS - costs following dismissal of proceedings - where basis for applicant's original claim removed by introduction of legislation - where applicant continued proceedings in spite of legislative amendment - whether supervening event justified contrary costs order - UCPR r 42.20 - application for indemnity costs - offers of compromise - indemnity costs from day following offer of compromise pursuant to UCPR r 42.15(2)(b) - no issue of principle Legislation Cited: Mining Act 1992 (NSW) Mining Amendment Development Consent Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Patents, Designs and Trademarks Act 1883 (46 & 47 Vict, c 57) Mining Amendment Act 2008 (NSW) Legal Profession Act 2004 (NSW) Cases Cited: Gold and Copper Resources Pty Limited v Minister for Resources and Energy [2014] NSWLEC 33 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 C2C Investments Pty Limited & Ors v Commonwealth Bank of Australia (No. 3) [2013] NSWSC 644 Robertson v Purdey [1906] 2 Ch 615 Heimann v Commonwealth of Australia (1940) 58 WN (NSW) 2 American International Group Inc v London American International Corp Ltd [1982] FSR 441 Gold and Copper Resources Pty Limited v Newcrest Mines Limited [2014] NSWLEC 148 Phosphate Resources Ltd v Minister for the Environment Heritage and the Arts (No. 2) [2008] FCA 1521 Calderbank v Calderbank [1975] 3 All ER 333 Taheri v Vitek (No. 2) [2014] NSWCA 344 Category: Principal judgment Parties: Gold & Copper Resources Pty Ltd (Applicant) Minister for Resources & Energy (1st Respondent) Cadia Holdings Pty Ltd (2nd Respondent) Representation: Counsel: A Galasso SC (Applicant) J Emmett (1st Respondent) N Williams SC with S Free (2nd Respondent) Solicitors: Hones La Hood Lawyers (Applicant) Crown Solicitors (1st Respondent) Allens (2nd Respondent) File Number(s): 81143 of 2012