Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJMatter No S99/2015MOUNT BRUCE MINING PTY LIMITED  APPELLANTANDWRIGHT PROSPECTING PTY LIMITED & ANOR             RESPONDENTSMatter No S102/2015WRIGHT PROSPECTING PTY LIMITED  APPELLANTANDMOUNT BRUCE MINING PTY LIMITED & ANOR            RESPONDENTSMount Bruce Mining Pty Limited v Wright Prospecting Pty LimitedWright Prospecting Pty Limited v Mount Bruce Mining Pty Limited[2015] HCA 3714 October 2015S99/2015 & S102/2015ORDERMatter No S99/2015Appeal dismissed with costs.Matter No S102/20151.Appeal and cross-appeal allowed.2.Set aside paragraphs 1–6 of the order of the Court of Appeal of the Supreme Court of New South Wales made on 9 December 2014 and, in their place, order that the appeal to that Court be dismissed with costs.3.The first respondent pay the appellant's and the second respondent's costs in this Court. On appeal from the Supreme Court of New South WalesRepresentationA J Myers QC with K A Stern SC and R J Hardcastle for the appellant in S102/2015 and the first respondent in S99/2015 (instructed by Clayton Utz Lawyers)N J Young QC with M J Darke SC and M A Izzo for the appellant in S99/2015 and the first respondent in S102/2015 (instructed by Allens)N C Hutley SC with J C Giles for the second respondent in both matters (instructed by Horton Rhodes)IntervenerA C Archibald QC with M P Costello for Perron Iron Ore Pty Ltd, intervening (instructed by King & Wood Mallesons)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMount Bruce Mining Pty...