[2025] TASSC 18
| COURT: | SUPREME COURT OF TASMANIA |
| CITATION: | Goshawk Mining Pty Ltd v Hellyer Metals Ltd & Anors [2025] TASSC 18 |
| PARTIES: | GOSHAWK MINING PTY LTD (ACN 657 704 446) v HELLYER METALS LTD (ACN 662 575 073) |
| HELLYER METALS LTD (ACN 662 575 073) v GOSHAWK MINING PTY LTD (ACN 657 704 446) SAXBY CAPITAL INVESTMENTS PTY LTD (ACN 661 570 556), and AUSTRALIA NATIONAL INVESTMENT GROUP PTY LTD (ACN 636 343 630) | |
| FILE NO: | 3602/2023 |
| DELIVERED ON: | 28 March 2025 |
| DELIVERED AT: | Hobart |
| HEARING DATE: | 21 March 2025 |
| JUDGMENT OF: | Estcourt J |
| CATCHWORDS: |
Procedure – Civil proceedings in state and territory courts – Pleadings – Striking out – Frivolous or vexatious pleading – Where the rule requires that the case cannot succeed or that there is no reasonably arguable case – Where there exists no established authority on the substantive issue – The issue is a novel one and the relevant law is still evolving – Both parties required to submit complex legal and factual arguments in relation to the application – Still exists a real question of law and fact to be determined – Would be a denial of the respondent’s rights to not have the issue heard at trial – Application dismissed.
Aust Dig Procedure [1197]
Legislation:
Supreme Court Rules 2000 (Tas)
Corporations Act 2001 (Cth)
Cases:
State of Tasmania v MFC [2021] TASFC 6
General Steel Industries v Commissioner of Railways (1964) 112 CLR 125
Dey v Victorian Railways Commissioners (1949) 78 CLR 62
ASIC v Narain (2008) 169 FCR 211
Australian Securities and Investments Commission v Park Trent Properties Group Pty Ltd (No 3) [2015]
NSWSC 1527
Australian Securities and Investments Commission v Narain [2008] FCAFC
Australian Competition and Consumer Commission v Maritime Union of Australia [2001] FCA 1549 (2001)
114 FCR 472
ACCC v Maritime Union of Australia (2001) 114 FCR 472
Joye v Beach Petroleum NL (1996) 67 FCR 275
REPRESENTATION:
Counsel:
Plaintiff: No appearance Defendant: G Ng SC, J Zeeman D Plaintiff by Counterclaim: No appearance First Defendant by Counterclaim: No appearance Second Defendant by Counterclaim: No appearance Third Defendant by Counterclaim: D Barnett SC, S Scott
Solicitors:
Plaintiff: Groom Kennedy Lawyers & Advisors Defendant and Plaintiff by Counterclaim: Ashurst Australia First and Second Defendants by Counterclaim: Groom Kennedy Lawyers & Advisors Third Defendant by Counterclaim: Cowell Clarke Commercial Lawyers
| Judgment Number: | [2025] TASSC 18 |
| Number of paragraphs: | 24 |
Serial No 18/2025 File No 3602/2023
GOSHAWK MINING PTY LTD (ACN 657 704 446)
v
HELLYER METALS LTD (ACN 662 575 073)
HELLYER METALS PTY LTD (ACN 662 575 073)
v
GOSHAWK MINING PTY LTD (ACN 657 704 446), SAXBY CAPITAL
INVESTMENTS PTY LTD (ACN 661 570 556) and AUSTRALIA NATIONAL
INVESTMENT GROUP PTY LTD (ACN 636 343 630)
| REASONS FOR JUDGMENT | ESTCOURT J 28 March 2025 |
| The application |
By interlocutory application filed 7 February 2025, the third defendant in this action, Australia
National Investment Group Pty Ltd (ANIG) seeks an order that…
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- Goshawk Mining Pty Ltd v Hellyer Metals Ltd & Anors [2025] TASSC 18
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- [2025] TASSC 18
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CaseChat Overview and Summary
The court had to determine whether the dismissal of the pleadings would result in a denial of Hellyer Metals' rights to have the substantive issues heard at trial. The court found that, despite the novelty of the legal issue and the evolving nature of the law, there remained a real question of law and fact to be determined. Both parties had submitted extensive legal and factual arguments in relation to the application, which indicated that the matter was not without merit. The court concluded that striking out the pleadings would be inappropriate as it would deny Hellyer Metals the opportunity to have the substantive issues determined at trial.
In light of the above, the court dismissed the application to strike out the pleadings. The substantive issues raised by Hellyer Metals would proceed to trial, ensuring that both parties had the opportunity to fully argue their respective positions. The court emphasised the importance of allowing novel and evolving legal issues to be heard and determined in a fair and just manner.
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Background
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