The State of Western Australia successfully applied to set aside ex parte orders under the Commercial Arbitration Act 2013 (Qld) enforcing arbitral awards in favour of Mineralogy Pty Ltd (Mineralogy) and International Minerals Pty Ltd (IM). The Court held that the ex parte orders had been obtained irregularly and without proper disclosure. The Court also considered, and rejected, arguments on behalf of Mineralogy and IM that it should adjourn the application to set aside the orders pending the determination of proceedings by Mr Clive Palmer, Mineralogy and IM in the High Court of Australia seeking to invalidate the Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020 (WA).
Shane Doyle QC, Stewart Webster and James Green appeared for the applicant/respondent, instructed by Clayton Utz.
The judgment is published here.