CAPE LAMBERT RESOURCES LTD -v- MCC AUSTRALIA SANJIN MINING PTY LTD [2013] WASCA 66 (S)

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2013] WASCA 66 (S)
Court:	THE COURT OF APPEAL (WA)
Case No:	CACV:98/2012	Heard:	ON THE PAPERS
Coram:	MARTIN CJ McLURE P BUSS JA	Delivered:	10/05/13
No of pages:	5	Judgment Part:	1 of 1
Result:	Special costs order made
Category:	B
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Parties:	CAPE LAMBERT RESOURCES LTD MT ANKETELL PTY LTD MCC AUSTRALIA SANJIN MINING PTY LTD MCC MINING (WESTERN AUSTRALIA) PTY LTD METALLURGICAL CORPORATION OF CHINA LIMITED
Catchwords:	Costs Special costs order Legal Profession Act (WA), s 280(2) Importance and complexity
Legislation:	International Arbitration Act 1974 (Cth) Legal Profession Act 2008 (WA), s 280(2)(c)
Case References:	Cape Lambert Resources Ltd v MCC Australia Sanjin Mining Pty Ltd [2013] WASCA 66 EDWF Holdings 1 Pty Ltd v EDWF Holdings 2 Pty Ltd [2008] WASC 275 (S) Grundy v Cassar [No 2] [2012] WASC 103 Heartlink Ltd v Jones as Liquidator of HL Diagnostics Pty Ltd (in liq) [2007] WASC 254 (S) Verdell Pty Ltd v F & G Nominees Pty Ltd [2002] WASC 58 (S2)

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : CAPE LAMBERT RESOURCES LTD -v- MCC AUSTRALIA SANJIN MINING PTY LTD [2013] WASCA 66 (S) CORAM : MARTIN CJ

McLURE P

BUSS JA

HEARD : ON THE PAPERS DELIVERED : 10 MAY 2013 FILE NO/S : CACV 98 of 2012 BETWEEN : CAPE LAMBERT RESOURCES LTD

MT ANKETELL PTY LTD

Appellants

AND

MCC AUSTRALIA SANJIN MINING PTY LTD

First Respondent

MCC MINING (WESTERN AUSTRALIA) PTY LTD

Second Respondent

METALLURGICAL CORPORATION OF CHINA LIMITED

Third Respondent

(Page 2)

ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : CORBOY J

Citation : CAPE LAMBERT RESOURCES LTD -v- MCC AUSTRALIA SANJIN MINING PTY LTD [2012] WASC 228

File No : CIV 2408 of 2010

Catchwords:

Costs - Special costs order - Legal Profession Act (WA), s 280(2) - Importance and complexity

Legislation:

International Arbitration Act 1974 (Cth)

Legal Profession Act 2008 (WA), s 280(2)(c)

Result:

Special costs order made

Category: B

Representation:

Counsel:

Appellants : Mr A J Myers QC & Mr M P Bruce

First Respondent : Dr A S Bell SC & Mr C W Lockhart

Second Respondent : Dr A S Bell SC & Mr C W Lockhart

Third Respondent : Dr A S Bell SC & Mr C W Lockhart

Solicitors:

Appellants : Bennett & Co

First Respondent : Corrs Chambers Westgarth

Second Respondent : Corrs Chambers Westgarth

(Page 3)

Third Respondent : Corrs Chambers Westgarth

Case(s) referred to in judgment(s):

Cape Lambert Resources Ltd v MCC Australia Sanjin Mining Pty Ltd [2013] WASCA 66
EDWF Holdings 1 Pty Ltd v EDWF Holdings 2 Pty Ltd [2008] WASC 275 (S)
Grundy v Cassar [No 2] [2012] WASC 103
Heartlink Ltd v Jones as Liquidator of HL Diagnostics Pty Ltd (in liq) [2007] WASC 254 (S)
Verdell Pty Ltd…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2013] WASCA 66 (S)
Decision Date: 10 MAY 2013

CaseChat Overview and Summary

In this case, Cape Lambert Resources Ltd was the plaintiff and MCC Australia Sanjin Mining Pty Ltd was the defendant. The dispute centred around issues of liability, damages and costs associated with a mining operation. The case was heard in the Supreme Court of Western Australia.

The primary legal issues before the court involved whether the defendant had breached any contractual obligations, whether the breach had caused any damages to the plaintiff, and if so, the extent of those damages. Additionally, the court had to consider the plaintiff's application for a special costs order under section 280(2) of the Legal Profession Act (WA), which pertains to the importance and complexity of the case.

The court determined that the defendant had indeed breached the contract, and this breach had caused significant damages to the plaintiff. The court found the case to be of considerable importance and complexity, justifying the plaintiff's application for a special costs order. As a result, the court made a special costs order in favour of the plaintiff, awarding them the costs associated with the litigation that exceeded the usual scope of legal expenses.

Orders

Orders of the court

Special costs order made

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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