The applicant is a coal mining company operating an open cut mine in the eastern Darling Downs. It planned to expand the mine which raises various considerations under Queensland legislation, namely acquiring two mining leases pursuant to the Mineral Resources Act 1989 and an amendment of an existing environmental authority to cover the expanded activities.
The applicant applied to wind up the respondent, which is an incorporated association, on the basis that it is insolvent. The debt which gave standing to the applicant to make the application was a costs order made in litigation between the parties. The respondent appealed the judgment in that litigation to the High Court of Australia and special leave to appeal was given.
In these proceedings the respondent submitted that the application should be stayed or adjourned until after the hearing of the appeal to the High Court. At issue was whether refusal of a stay of the application would be likely to result in a substantial injustice to the respondent.
Damien Clothier QC (with C A Wilkins) appeared for the applicant, instructed by Clayton Utz.
Please refer here for the judgment.