Cape Lambert Resources Ltd v MCC Australia Sanjin Mining Pty Ltd

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.