Iron Mountain Mining Ltd v K & L Gates

Link copied
Case Copied 26 min read

IRON MOUNTAIN MINING LTD -v- K & L GATES [2016] WASCA 166



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2016] WASCA 166
THE COURT OF APPEAL (WA)
Case No:CACV:152/20158 AUGUST 2016
Coram:MARTIN CJ
MURPHY JA
MITCHELL JA
27/09/16
16Judgment Part:1 of 1
Result: Appeal stayed until appellant obtains leave to commence and continue the appeal from a court exercising bankruptcy jurisdiction
B
PDF Version
Parties:IRON MOUNTAIN MINING LTD
K & L GATES

Catchwords:

Legal costs
Where company paid director's costs of defending criminal proceedings pursuant to indemnity prior to director's plea of guilty
Where director declared bankrupt and company sought assessment of costs paid as a non­associated third party payer
Whether company entitled to seek costs assessment as a 'third party payer'
Effect of costs assessment sought by non­associated third party payer
Whether costs assessment and subsequent appeal a 'legal proceeding in respect of a provable debt' which cannot be commenced without the leave of a court exercising bankruptcy jurisdiction

Legislation:

Bankruptcy Act 1966 (Cth), s 58(3)
Corporations Act 2001 (Cth), s 199A, s 199C
Legal Profession Act 2008 (WA), s 253(1)(a), s 295, s 305

Case References:

Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485
Coshott v Barry [2015] NSWCA 257; (2015) 91 NSWLR 1
Fraser v Commissioner of Taxation (1996) 69 FCR 99
Hudson v Sigalla [2015] FCAFC 140; (2015) 235 FCR 122
Iron Mountain Mining Ltd v K & L Gates [2015] WASC 291
Iron Mountain Mining Ltd v K & L Gates [No 2] [2015] WASC 373
John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; (2010) 241 CLR 1
Melnik v Melnik [2005] FCAFC 160; (2005) 144 FCR 141
News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410
Note Printing Australia Ltd v Leckenby [2015] VSCA 105; (2015) 106 ACSR 147
Re McMaster; Ex parte McMaster (1991) 33 FCR 70


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : IRON MOUNTAIN MINING LTD -v- K & L GATES [2016] WASCA 166 CORAM : MARTIN CJ
    MURPHY JA
    MITCHELL JA
HEARD : 8 AUGUST 2016 DELIVERED : 27 SEPTEMBER 2016 FILE NO/S : CACV 152 of 2015 BETWEEN : IRON MOUNTAIN MINING LTD
    Appellant

    AND

    K & L GATES
    Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : MASTER SANDERSON

Citation : IRON MOUNTAIN MINING LTD -v- K & L GATES [No 2] [2015] WASC 373

File No : LPA 34 of 2014


Catchwords:

Legal costs - Where company paid director's costs of defending criminal proceedings pursuant to indemnity prior to director's plea of guilty - Where director declared bankrupt and company sought assessment of costs paid as a non­associated third party payer - Whether company entitled to seek costs assessment as a 'third party payer' - Effect of costs assessment sought…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Iron Mountain Mining Ltd v K & L Gates and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2016] WASCA 166
Decision Date

CaseChat Overview and Summary

The case involved Iron Mountain Mining Ltd, who sought to recover legal costs paid on behalf of their director, who was subsequently declared bankrupt. The director had been defending criminal charges, and the company had agreed to indemnify the director for those costs prior to the director pleading guilty. The company sought to recover the costs it had paid as a third party payer. The legal issues in the case were whether the company was entitled to seek costs assessment as a non-associated third party payer and whether the costs assessment and subsequent appeal constituted a 'legal proceeding in respect of a provable debt' which required leave from a court exercising bankruptcy jurisdiction. The court held that the company was not entitled to seek the costs assessment as a non-associated third party payer, and the subsequent appeal did require leave from a court exercising bankruptcy jurisdiction. Consequently, the appeal was stayed until the appellant obtained leave to commence and continue the appeal from a court exercising bankruptcy jurisdiction. The court's decision was based on the interpretation of the relevant legislation, which provided that only associated third party payers could seek costs assessment, and the Bankruptcy Act, which required leave from a court exercising bankruptcy jurisdiction to commence proceedings in respect of a provable debt.

Orders

Orders of the court

Appeal stayed until appellant obtains leave to commence and continue the appeal from a court exercising bankruptcy jurisdiction

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.