Minister for Resources and Energy v Gold and Copper Resources Pty Ltd

The Minister for Resources and Energy sought judicial review of an order made by the Land and Environment Court requiring the Minister to provide reasons for a decision. This order was made notwithstanding that the Land and Environment Court had previously struck out the sole ground of review advanced by Gold and Copper Resources Pty Ltd, the first respondent. The appeal concerned whether the Land and Environment Court possessed the power to make such an order for reasons, and if so, whether its discretion had miscarried, and whether the proceedings should have been dismissed.

The primary legal issues before the Court of Appeal were whether the Land and Environment Court had the power to order the Minister to provide reasons for a decision under rule 59.9(4) of the Uniform Civil Procedure Rules 1999 (NSW) after the sole ground of review had been struck out, and if such power existed, whether the discretion to make the order had been exercised improperly. The Court also considered whether the proceedings themselves should have been dismissed in light of the earlier striking out of the ground of review.

The Court of Appeal held that striking out the sole ground of review constituted an abuse of process, and that in such circumstances, the Land and Environment Court lacked the power to compel the Minister to provide reasons. The Court reasoned that the purpose of rule 59.9(4) was to facilitate the determination of the review, and once the sole basis for the review was removed, the underlying purpose of seeking reasons was extinguished. Consequently, the Court found that the Land and Environment Court’s discretion had miscarried. The application for leave to appeal was granted, the appeal was allowed, and the orders of the Land and Environment Court were set aside, with the motion and summons filed by Gold and Copper Resources Pty Ltd being dismissed.