Lake Vermont Resources Pty Limited v Adani Abbot Point Terminal Pty Limited & Ors; QCoal Pty Limited & Ors v Adani Abbot Point Terminal Pty Limited & Anor

[2022] HCATrans 67

[2022] HCATrans 067

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B52 of 2021

B e t w e e n -

LAKE VERMONT RESOURCES PTY LIMITED (ACN 114 286 841)

Applicant

and

ADANI ABBOT POINT TERMINAL PTY LIMITED (ACN 149 298 206)

First Respondent

QCOAL PTY LIMITED (ACN 010 911 234)

Second Respondent

BYERWEN COAL PTY LIMITED (ACN 133 357 632)

Third Respondent

SONOMA MINE MANAGEMENT PTY LIMITED (ACN 124 677 443)

Fourth Respondent

Office of the Registry
  Brisbane  No B53 of 2021

B e t w e e n -

QCOAL PTY LIMITED ACN 010 911 234

First Applicant

BYERWEN COAL PTY LIMITED ACN 133 357 632

Second Applicant

SONOMA MINE MANAGEMENT PTY LIMITED ACN 124 677 443

Third Applicant

and

ADANI ABBOT POINT TERMINAL PTY LIMITED ACN 149 298 206

First Respondent

LAKE VERMONT RESOURCES PTY LIMITED ACN 114 286 841

Second Respondent

Applications for special leave to appeal

KIEFEL CJ
GORDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA AND BY VIDEO CONNECTION

ON WEDNESDAY, 13 APRIL 2022, AT 10.39 AM

Copyright in the High Court of Australia

KIEFEL CJ:   In accordance with the protocol for remote hearings, I will announce the appearances in the matters.

MR A.C. STUMER appears for the applicant in the first matter, and for the second respondent in the second matter.  (instructed by DLA Piper)

MR B.W. WALKER, SC appears with MR M.F. JOHNSTON, QC for the first respondent in both matters.  (instructed by Clayton Utz)

MR J.D. McKENNA, QC appears with MR N.J. DERRINGTON for the second, third and fourth respondents in the first matter, and for the applicants in the second matter.  (instructed by Arnold Bloch Leibler)

KIEFEL CJ:   I assume that Mr Stumer will be followed by Mr McKenna, and then Mr Walker will be heard.  Is that the order in which you ‑ it is intended to proceed?

MR STUMER:   Your Honour, there is a matter that I need to raise before we proceed, and that is that I am instructed to ask for an adjournment of the hearing of my client’s application for today.  The basis for the adjournment is that my leader, Mr Sheahan, has had to withdraw from the matter this morning.  That withdrawal was by reason of a conflict which was brought to Mr Sheahan’s attention this morning by the solicitors for Adani.

KIEFEL CJ:   I see.  Is the course of adjournment opposed by the parties?  Mr McKenna?

MR McKENNA:   We will abide the order of the Court, your Honour.

KIEFEL CJ:   Mr Walker?

MR WALKER:   Your Honour, the circumstances have arisen at very short notice by reason of a judicial appointment, a brief, and the lapse of time, and it is quite impossible for us to oppose it.  There is nothing whatever unreasonable about the application.

KIEFEL CJ:   Thank you, Mr Walker.

The Court will adjourn briefly to consider the course that it will take.

AT 10.41 AM SHORT ADJOURNMENT

UPON RESUMING AT 10.43 AM:

KIEFEL CJ:   These applications will be adjourned to a date to be fixed.

The Court will now adjourn.

AT 10.43 AM THE MATTER WAS CONCLUDED