An appeal brought by Queensland Nickel entities against an order that MIM was permitted to remove Equipment belonging to Queensland Nickel from a berth at the Port of Townsville, consequent on the termination by MIM of a licence agreement in favour of another Queensland Nickel entity.
The appeal concerned whether the primary judge erred in determining the proceeding, commenced by originating application, without pleadings and a trial.
The Court considered whether there was any merit to arguments that the purported termination of the licence may be void by reason of s 440B(b) of the Corporations Act 2001 (Cth) or because the termination provisions of the licence agreement were a penalty. It held that those arguments were without merit and did not justify an order that the matter proceed by way of pleadings. The Court also considered whether the appellants had an arguable entitlement to relief against forfeiture and held that there was a sufficiently arguable entitlement to this relief to conclude that the primary judge erred in not ordering that the matter proceed by way of pleadings.
The judgment can be read here.