Matthew Doyle (led by T Duggan KC) appeared for the applicant, instructed by MinterEllison.
The judgment concerned whether the applicant was entitled to an interlocutory injunction restraining the respondent from terminating or giving effect to the purported termination of a cooperation agreement for mining operations, pending trial.
This arose after the respondent issued a default notice alleging breaches concerning minimum ore production and failure to produce a Joint Ore Reserves Committee compliant resource estimate and subsequently purported to terminate the contract.
The Court held that the applicant established a prima facie case, including arguable election by the respondent, and that the balance of convenience favoured maintaining the status quo given the risk of non-compensable loss to the applicant. The Court therefore granted an interlocutory injunction pending trial, with costs reserved.
The judgment can be read by clicking here
