Gold and Copper Resources Pty Ltd v Minister for Resources and Energy

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 2014Decision date: 10 October 2014 Jurisdiction:Class 8Before: 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...