Bathurst Resources Limited & Buller Coal Limited v L&M Coal Holdings Limited - SC 29/2020
Media releases
Summary
Result
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
27 July 2020
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A The appeal is allowed. The judgments of the High Court and Court of Appeal are set aside and judgment is entered for the appellants.
B The application to adduce further evidence is dismissed.
C The respondent must pay the appellants costs of $30,000 plus usual disbursements. We certify for second counsel.
D Costs should be re-determined in the Courts below in light of this judgment.
14 July 2021
Date of Hearing
08 October 2020 — 09 October 2020
Judges
Winkelmann CJ, Glazebrook, O’Regan, Ellen France, Williams JJ
Hearing Transcripts
Related Documents
High Court decision — L&M COAL HOLDINGS LTD v BATHURST RESOURCES LTD [2018] NZHC 2127 [17 August 2018]
Court of Appeal decision — BATHURST RESOURCES LIMITED v L&M COAL HOLDINGS LIMITED [2020] NZCA 113 [24 April 2020]
Leave judgment - leave granted — BATHURST RESOURCES LIMITED v L&M HOLDINGS LIMITED [2020] NZSC 73 [27 July 2020] (PDF 36 KB)
Substantive judgment — BATHURST RESOURCES LIMITED v L & M COAL HOLDINGS LIMITED [2021] NZSC 85 [14 July 2021] (PDF 637 KB)