Minister for Resources and Energy v Gold and Copper Resources Pty Ltd [2015] NSWCA 113

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Minister for Resources and Energy v Gold and Copper Resources Pty Ltd [2015] NSWCA 113 Hearing dates: 25 March 2015 Decision date: 04 May 2015 Before: Ward JA at [1]; Bergin CJ in Eq at [2]; Sackville AJA at [3] Decision: 1. Grant the application for leave to appeal. 2. Appeal allowed. 3. Set aside the orders made by Biscoe J on 17 September 2014. 4. The motion filed by the first respondent (Gold & Copper) on 15 September 2014 be dismissed. 5. The Summons filed on 26 June 2014 be dismissed. 6. Gold & Copper pay the applicant's (Minister) costs of the application for leave to appeal and of the appeal. 7. The second respondent (Newcrest) bear its own costs of the application for leave to appeal and of the appeal. Catchwords: ADMINISTRATIVE LAW – judicial review sought by the Minister of an order made by the Land and Environment Court under UCPR r 59.9(4) requiring the Minister provide reasons for a decision – the order was made despite the Court striking out the sole ground of review of the Minister's decision – effect of striking out a ground as an abuse of process – whether the Land and Environment Court had power to order the Minister to provide reasons – whether, assuming power, the Court's discretion miscarried – whether the proceedings in the Land and Environment Court should have been dismissed Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 13

Administrative Decisions Review Act 1997 (NSW), ss 7(1), 9(1), 49(1), 49(2), 49(3), 49(4), 50 Civil Procedure Act 2005 (NSW), s 67 Land and Environment Court Act 1979 (NSW), ss 20, 21C, 21C(2), 57(1), 57(4)(d) Mining Act 1992 (NSW), ss 114(1)(a), 114(6), 117(1), 137(1), 293, 293(1)(q), 294-298 Supreme Court Act 1970 (NSW), ss 48, 65, 69, 69(1), 69(1)(f), 69(3), 69(4)