Ireland v Norilya Minerals Pty Ltd

The appeal in Ireland v Norilya Minerals Pty Ltd involved the appellants, Ireland, seeking leave to appeal an interlocutory decision of the Supreme Court of Western Australia. The respondent, Norilya Minerals Pty Ltd, sought a costs order following the dismissal of the appellants' application for leave to appeal. The appellants sought a stay of the costs order under section 15 of the Civil Judgments Enforcement Act 2004 (WA) until the determination of civil claims in other proceedings. The court needed to decide whether the appellants' impecuniousity and the potential for an equitable set-off constituted 'special circumstances' justifying a stay of the costs order.

The court examined the appellants' conduct in exposing themselves to the costs order and concluded that it was relevant in determining whether 'special circumstances' existed. The court noted that the appellants had not opposed the making of a costs order but sought a stay of payment. The appellants argued that without a stay, they would be denied the opportunity to set off the amount due under the costs order against the amounts due to them under Court of Criminal Appeal orders. The court acknowledged that the appellants' inability to recover monies from the Court of Criminal Appeal orders due to the respondent's impecuniousity could constitute special circumstances. However, the court was not persuaded that the appellants' conduct justified a stay of the costs order.

The court ordered that the appellants pay the respondent's costs of the application for leave to appeal, to be taxed or agreed, and refused the appellants' application for a stay of that order. The court found that the appellants' conduct in the application was relevant to the consideration of whether 'special circumstances' existed, and in light of their conduct, the court was not persuaded that such circumstances justified a stay. The court's decision upheld the costs order against the appellants without a stay of payment.