Mineralogy Pty Ltd v Sino Iron Pty Ltd [No 2]

In Mineralogy Pty Ltd v Sino Iron Pty Ltd [No 2], the Court of Appeal of Western Australia dismissed two appeals brought by Mineralogy and Clive Frederick Palmer (Mr Palmer) against orders made by Kenneth Martin J in the primary proceedings. The primary judge had found that the proceedings brought by Mineralogy and Mr Palmer against the CITIC parties constituted an abuse of the process of the court. The primary judge made orders permanently staying the proceedings. In the appeal brought by Mineralogy, the Court held that the primary judge had not erred in finding the proceedings to be an abuse of process. In particular, the Court held that the primary judge was entitled to find that Mineralogy's claims, which had been deleted from an earlier proceeding, were not preserved for future litigation. The Court held that the claims had been withdrawn, and Mineralogy had not taken steps to preserve the claims for future litigation. The Court held that Mineralogy's decision to withdraw the claims and not preserve them for future litigation was a deliberate decision made by Mr Palmer, who was the directing mind and will of Mineralogy. In the appeal brought by Mr Palmer, the Court held that the primary judge had erred in finding that Mr Palmer's claim for indemnity was untenable on the basis that it was solely and exclusively caused by Mineralogy's abuse of process. The Court held that the primary judge had not adequately considered the question of whether Mr Palmer's claim for indemnity would fail on grounds other than the abuse of process finding. The Court allowed the notice of contention filed by the CITIC parties, and dismissed Mr Palmer's appeal. The Court dismissed Mineralogy's appeal.